2016drid209678 (Lawsuits for Divorce, etc.)

2016dwards212599 (Counterclaims), divorce, etc.

A (1954.000)

Busan Address

Busan District Court

Law Firm Doz.

Attorney Lee In-bok

B. (1930s. South Korea)

Busan Address

Busan District Court

Special Representative Kim 00

Law Firm Doz.

Attorney Lee In-bok

May 10, 2017

May 24, 2017

1. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) are divorced by the principal lawsuit.

2. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 10,00,00 as consolation money, 5% per annum from October 12, 2016 to May 24, 2017, and 15% per annum from the next day to the date of full payment.

3. The plaintiff (Counterclaim defendant)'s remaining claim for consolation money and the defendant (Counterclaim plaintiff)'s counterclaim divorce and the plaintiff's claim for consolation money are dismissed, respectively.

4. The plaintiff (Counterclaim defendant) pays to the defendant (Counterclaim plaintiff) 125,00,00 won as division of property and 5% interest per annum from the day after the day when this judgment became final and conclusive to the day of complete payment.

5. The total cost of the lawsuit shall be borne individually by each party.

6. Paragraph 2 can be provisionally executed.

【Court of Second Instance】

The disposition No. 1 and the defendant (the plaintiff Counterclaim, the next and next 'the defendant') shall pay to the plaintiff (the counter defendant, the plaintiff 2) 30,000,000 won as consolation money and 5% per annum from the next day of the service of the complaint of this case until the day of this decision, and 15% per annum from the next day to the day of full payment. The amount of money calculated at the rate of 20,00,000 won as division of property and 15% per annum from the day of this decision to the day of full payment.

[Counterclaim]

The plaintiff shall be divorced by counterclaim and the defendant. The plaintiff shall pay to the defendant 30,00,00 won as consolation money, and 15% interest per annum to the day of full payment from the day following the delivery of the counterclaim of this case to the day of full payment. The plaintiff shall pay to the defendant 254, 745, 338 won as division of property, and 5% interest per annum to the day of full payment from the day following the day of this decision to the day of full payment.

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

A. Facts of recognition

(1) The Plaintiff received economic assistance from the Defendant, and the Defendant wanted to marry the Plaintiff to receive help from the Plaintiff in his daily life, and reported the marriage on December 4, 200. There is no child between the Plaintiff and the Defendant. There is no child between the Plaintiff and the Defendant, between the Plaintiff and the former spouse, the Plaintiff 1 South, and the Defendant 4 South and North 2 children as their children.

was placed.

(2) After marriage, the Plaintiff filed a complaint on the grounds that the Defendant’s living expenses are low, and the Defendant’s living expenses alone make it difficult for the Plaintiff to live in a convalescent hospital, etc. As such, the Plaintiff was employed in a convalescent hospital, etc.

(3) The plaintiff was assaulted by the defendant several times during the marriage period. On September 2, 2003, the plaintiff received treatment due to injury, such as the injury on the left-hand side of October 19, 2005, on September 20, 2005.

(4) On July 1, 2016, the Defendant received thalves and thalves from a chronic halves. The Plaintiff got 100,00,000 won from the Defendant’s money around this time. There was a dispute between the Defendant and the Defendant demanding the return of the said money. On August 1, 2016, the Defendant prepared and issued a receipt of “the Plaintiff’s total amount of KRW 30,000,000,000 to the Plaintiff.” The Plaintiff returned 30,000,000 to the Defendant around this time.

(5) On September 3, 2016, the Plaintiff and the Defendant brought an action to return KRW 100,00,00 again, the Defendant suffered bodily injury, such as the Plaintiff’s head, fluencing, fluencing, flucing, and flucing fluencing, by asking the Plaintiff with the same lethal weapon fluencing fluencing with the Plaintiff. The Defendant was involved in the instant case at the police station, and was transferred to an emergency room due to symptoms of food decrease, and was subject to the diagnosis of cerebrovascular, but was under treatment until now in a state where communication is impossible.

[Ground of recognition] Evidence Nos. 1 through 7, Evidence No. 11, Evidence No. 12, Evidence No. 12, Evidence No. 1 through No. 7, and the whole purport of oral argument

B. Determination

(1) A claim for divorce of principal lawsuit: there are reasons under Article 840(3) and (6) of the Civil Act.

(2) The claim for consolation money in the principal lawsuit is justified within the scope of 10,000,000 won

(3) Counterclaim divorce or claim of consolation money: None of the grounds therefor.

[Grounds for Determination]

① Recognition of the failure of marriage: In light of the circumstances revealed in the pleadings of this case, such as the above recognized fact and the fact that the Plaintiff and the Defendant wish to divorce by filing their respective principal lawsuit and counterclaims, and that it is difficult to communicate after September 3, 2016, and the original intention was not made to recover the marriage, the marriage between the Plaintiff and the Defendant was no longer restored.

② The primary responsibility of the dissolved of a marriage lies in the Defendant: (a) the Plaintiff was negligent in the Plaintiff’s household affairs, and frequently engaged in going out and going out of the country, causing conflicts; (b) the Defendant assaulted the Plaintiff several times during the marriage period; (c) in particular, on September 3, 2016, the Plaintiff’s head was damaged by the dangerous goods of the Plaintiff’s head; and (d) the Plaintiff and the Defendant’s marriage was broken down due to such Defendant’s primary mistake.

③ The amount of consolation money: The amount of consolation money to be paid by the Defendant to the Plaintiff shall be KRW 10,000,000, in consideration of the various circumstances shown in the instant pleadings, such as the details and degree of responsibility for the failure of marriage, the period of marriage, the age of the Plaintiff and the Defendant, and the state of resanction.

C. Sub-committee

Under this lawsuit, the plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff the consolation money of KRW 10,00,000, and the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act until May 24, 2017, which is the date of the decision of this case, which is the date of the decision of this case that it is deemed reasonable for the defendant to dispute about the existence and scope of the obligation to perform as to the defendant from October 12, 2016, the delivery date of the complaint of this case to October 12, 2016.

2. Determination on the claim for division of property

(a) Details of property formation;

(1) At the time of marriage between the plaintiff and the defendant, the age of the defendant's children was 36 years of age and 45 years of age, and there is no property acquired after marriage with the plaintiff of high-priced level.

(2) On August 18, 2014, the Defendant donated to the Plaintiff the land and the building on the land in the Geum-gu Busan Metropolitan City equivalent to KRW 300,00,000 to the Plaintiff. During the marriage period, the Defendant provided the Plaintiff and the Plaintiff’s children with the amount of KRW 30,00,000 for the purchase cost of the vehicle. The Plaintiff paid KRW 6,000 for the Plaintiff’s national pension premium, KRW 00,00 for KRW 15,00,000 for the Plaintiff. The Defendant provided the Plaintiff with the amount of KRW 10,000 for the marriage expenses of the Plaintiff.

(3) Around July 2016, the Plaintiff received KRW 100,000,00 from the Defendant, and the Plaintiff returned KRW 30,000,00 among them to the Defendant (whether the Plaintiff, who received the said money from the Defendant, sought return due to changes in mind, and whether the Defendant thefted the said money during the Plaintiff’s hospitalization is unclear).

(4) Before marriage, the Plaintiff was paid a monthly wage of KRW 2 million while working in the Eastern 00,* Company, etc. Around marriage. The Plaintiff was employed in the above workplace after marriage, and was paid a monthly wage of KRW 1,500,000 from June 2010 to October 2015 while serving in the hospital.

(5) After September 3, 2016, the Defendant spent hospital expenses worth KRW 6,00,000 per month for the treatment of hospitalization, outpatient treatment, rehabilitation treatment, etc. at the Incheon National University's Shipping White Hospital, the oriental medical hospital affiliated with the Dong National University, and the oriental medical hospital affiliated with the Dong National University.

[Ground of recognition] Gap evidence 7, Gap evidence 9 through Gap evidence 12, Eul evidence 3, Eul evidence 4, Eul evidence 8 through Eul evidence 17, the whole purport of oral argument

B. Property and value subject to division: The same is as indicated in the separate sheet of property division (the portion not revealed to be related to the common life of the married couple among the property changes since September 3, 2016, which began to be separated by the Plaintiff and the Defendant, shall be excluded from the property division subject to division. The part where there is no dispute between the Plaintiff and the Defendant as to the pertinent property base point, value, and whether it is included in the division shall be subject to the intention of the parties).

C. Determination of the allegations by the parties: It is as stated in the column of "which is the ground for recognition of the Schedule of Property Specifications in Attached Form 2 and the column of "which is the ground for non-recognition of the Schedule of Property Specifications in Attached Form 3."

(d) Ratio and method of division of property;

(1) Division ratio: Plaintiff 35%, Defendant 65%

[Ground of determination] There is no property created after the marriage with the Plaintiff. The Defendant’s property subject to division and the real estate donated to the Plaintiff by the Defendant to the Plaintiff are all the property acquired by the Defendant before marriage with the Plaintiff; whether the Plaintiff used the benefits received by the Plaintiff after having worked in a convalescent hospital, etc. after marriage with the Defendant as joint living expenses is unclear; the Defendant provided considerable economic support, such as purchase of tea, support for marriage expenses by the Plaintiff, and precious metals gifts, etc. in addition to the real estate donated to the Plaintiff after marriage; the process and status of the acquisition of active property in the division zone; the degree of contribution by the Plaintiff and the Defendant to the formation and maintenance; the level of the original and the Defendant’s age; the Defendant’s occupation; the process and duration of marital life; and the Defendant’s future medical treatment expenses are anticipated to be recovered in the future.

(2) The method of division of property: the Plaintiff would have the Defendant pay in cash the shortage of the amount ultimately attributable to the Defendant according to the above division ratio, taking into account the name and form of the property subject to division, the process of acquisition, the convenience of division, etc.

(3) Property division amount to be paid by the Plaintiff to the Defendant

[Calculation Form] ① The Defendant’s body according to the ratio of division of property among the Plaintiff and Defendant’s net property

Total amount of net property of the Plaintiff and the Defendant 831, 314, 018 won x 65% = 540, 354, 111 won

(2) The amount under paragraph (1) which deducts the defendant's net property.

540, 353, 996 won - 414, 548, 392 won = 125, 805, 719 won

③ Division of property that the Plaintiff pays to the Defendant

② The amount under the above paragraph is 125,000,000 won which deducts a little amount under the above paragraph

C. Sub-committee

The plaintiff is obligated to pay to the defendant 125,00,000 won as division of property and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the day when this judgment becomes final and conclusive to the day of full payment.

3. Conclusion

The plaintiff's claim for divorce against the principal lawsuit shall be accepted on the grounds that it is reasonable. The claim for solatium against the principal lawsuit shall be accepted on the grounds that it is reasonable within the above recognition scope, and the remainder shall be dismissed on the grounds that it is not reasonable. All the defendant's claim for counterclaim divorce and the above data are dismissed on the grounds that it is not reasonable. The claim for division of property against the principal

Judges Yoon Jae-nam

Attached Table 1

List of Property to be divided

A person shall be appointed.

Attached Table 2

Irregular Statement of Property

A person shall be appointed.