2014drid26343 Divorce

(************************))

Busan Address

Presentation of Place of service

Head of the reference domicile

LeB (**************************))

Busan Address

Busan place of service

Nationality Vietnam

(************************)

Busan Address

Busan District Court

July 21, 2015

August 11, 2015

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay consolation money of eight million won to the plaintiff.

3. The plaintiff's remaining claim for consolation money is dismissed.

4. The plaintiff shall be designated as a person with parental authority and custodian of the principal of the case.

5. The defendant delivered the principal of the case to the plaintiff.

6. The defendant shall pay 30,000 won per month to the plaintiff as the child support of the principal of this case from September 12, 2031 to September 2, 2031.

7. The costs of lawsuit shall be borne by each party.

8.Paragraphs 2, 5, and 6 may be provisionally executed.

The above-mentioned Nos. 1, 4 and the defendant shall pay 30 million won consolation money to the plaintiff, and 50,000 won per month from January 1, 2015 to December 31, 2031 to the child support of the principal of the case.

1. Determination as to the claim of divorce and consolation money

A. Facts of recognition

1) The Plaintiff and the Defendant are legal couple who reported marriage on May 19, 2011, and the principal of the case was born between the Plaintiff and the Defendant on September 13, 2012.

2) On October 11, 2013, the Defendant: (a) returned the principal of the case to Vietnam on October 11, 2013; (b) returned the principal of the case on December 20, 201; (c) did not go to the principal of the case while returning to Vietnam; and (d) the Defendant’s mother refers to the principal of the case in Vietnam from that time to that time.

3) Since February 2014, the Defendant, who became aware of having been going to work in Vietnam, had frequently exchanged with the male who was in Vietnam, or exchanged with the letters on a mobile phone, and had the pictures affixed with the above male.

4) Around October 7, 2014, the Defendant extracted the monetary content from the Plaintiff to enforce the relationship with the said male.

5) On December 30, 2014, the Plaintiff visited the Defendant’s house where he went to work, and the Defendant was out of the room where he was out of the room.

[Grounds for Recognition] Each description and image of Gap evidence Nos. 1 through 5 (including each number), the whole pleadings

purport of this chapter

B. Determination

According to the above facts, it is reasonable to view that the above male and the defendant committed the above unlawful act, and the marriage between the plaintiff and the defendant committed the distress due to the defendant's improper act and the withdrawal from home, and this constitutes a ground for divorce under Article 840, Article 840, Article 1 and 6 of the Civil Code, and thus, the plaintiff's claim for divorce is paid.

Furthermore, since the marriage relationship between the plaintiff and the defendant has reached a failure due to the above reasons attributable to the defendant, and it is clear that the plaintiff suffered mental loss, the defendant is obligated to pay consolation money to the plaintiff. Considering the marriage period of the plaintiff and the defendant, the circumstances leading up to the failure of the marriage, the degree of the failure of the marriage liability, the economic ability of the defendant, etc., it is reasonable to determine

Therefore, the plaintiff and the defendant are divorced, and the defendant has no intention to pay 8 million won to the plaintiff as consolation money.

2. Determination as to the designation of a person with parental authority and a custodian, delivery of the principal of the case, and child support

At the request of the defendant, the mother of the defendant raises the principal of this case in Vietnam. The defendant is obliged to appoint the person in parental authority and the custodian of the principal of this case, taking into account all the circumstances shown in the arguments of this case, including the plaintiff and the defendant's living and failure of marriage, the age and parenting of the principal of this case, the plaintiff and the defendant's mother, who are not the parent, would bring the principal of this case in Korea while living and engaging in economic activities in Korea, and when designating the defendant as the person in parental authority and the custodian of the principal of this case, it seems substantially difficult for the plaintiff to bring the principal of this case into custody. The plaintiff is obligated to pay the principal of this case on September 12, 2031, which is the day before the date when the plaintiff delivered the principal of this case to the plaintiff and the child support of the plaintiff and the defendant.

3. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the grounds of the above recognition, and only part of the claim is accepted on the grounds of the above recognition. It is so decided as per Disposition with respect to the designation of a person with parental authority and a custodian, delivery of the principal of the case, and child support.

Judges Kim Jong-ok