2017Ddan8292 (divate of Principal Actions) Divorce, Condolence Money, etc.

2018Ddan205762 (Counterclaims) Divorce, etc.

A person shall be appointed.

1. B

2. C

1. D

2. E:

July 5, 2018

August 23, 2018

1. In accordance with the principal lawsuit, the plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) shall be divorced.

2. As consolation money to the Plaintiff (Counterclaim Defendant)

A. Defendant (Counterclaim Plaintiff) B: 20,000,000 won:

B. Defendant C jointly with the Defendant (Counterclaim Plaintiff) and jointly with the amount set forth in the foregoing A, calculated by 15,00,000, and 15% per annum from September 20, 2017 to August 23, 2018; and 15% per annum from the following day to the date of full payment.

(D) each payment.

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

4. The plaintiff (Counterclaim defendant) shall pay to the defendant (Counterclaim plaintiff) 12,00,000 won and 5% interest rate per annum from the day after the judgment of this case became final and conclusive to the day of complete payment.

5. He shall designate a person with parental authority and a custodian of the principal of the case as Defendant (Counterclaim Plaintiff) B.

6. The plaintiff (Counterclaim defendant) shall pay to the defendant (Counterclaim plaintiff) B the child support of the principal of the case from August 24, 2018 to the day before the principal of the case reaches each age, 350,000 won per month per the principal of the case from August 24, 2018 to the day before the principal of the case reaches each age.

7. The Plaintiff (Counterclaim Defendant) may visitation the principal of the case as follows:

(a) Second, fourth Sundays 13: 00 to 18:00

B. The place of visitation shall be determined through consultation between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).

C. The above interview negotiation schedule can be changed by subsequent consultation following the growth of the principal of the case and will of the principal of the case shall be conducted by respecting to the maximum extent possible.

8. The costs of lawsuit shall be borne by each party, including a principal lawsuit and a counterclaim.

9.Paragraphs 2 and 6 can be provisionally executed.

In the principal lawsuit: (a) of Paragraph (1) of this case and Paragraph (1) of this Article and Paragraph (1) of this Article (hereinafter referred to as the "Counter-Defendant; hereinafter referred to as the "Plaintiff") shall be consolation money; (b) of the Defendant (Counterclaim Plaintiff; hereinafter referred to as the "Defendant") shall pay to the Defendant (Counterclaim Plaintiff; hereinafter referred to as the "Defendant") the amount of KRW 30 million,000,000; and (c) of the Defendant C shall pay the amount calculated at the rate of 15% per annum from the day after the date of delivery of the copy of the complaint of

Counterclaim: Disposition No. 5 of this case and the plaintiff are divorced. The plaintiff shall pay to the defendant B 30 million won as consolation money, and 15% interest per annum from the day following the delivery of a copy of the counterclaim to the day of complete payment. The plaintiff shall pay 30 million won as division of property and 15% interest per annum from the day after the judgment of this case became final to the day of complete payment. The plaintiff shall pay to the defendant B 1 100,000 won per annum from the day following the delivery of a copy of the counterclaim to the day of complete payment. The plaintiff shall pay to the defendant B with the child support of the principal of this case by one million won per annum from the day after the principal of this case reaches his majority.

1. Facts of recognition;

A. The Plaintiff and Defendant B, who completed the marriage report on March 11, 2013, had the main text of the case under the sleep.

B. During the period of marriage, Defendant B performed drinking alcohol on July 2016. The Plaintiff was subject to a disposition of suspension of indictment on the counseling tank around November 24, 2016, following the Plaintiff’s use of violence to the principal of the case on the following day, after drinking alcohol around August 31, 2016.

C. Around July 2017, Defendant B: (a) contacted Defendant C with the Plaintiff and went to the telecom; and (b) at that place, the Defendants were inappropriate for the Defendants. Even after that, it became clear that the Defendants were drinking in the telecom.

[Ground of recognition] Gap evidence 1 to 14 (including numbers; hereinafter the same shall apply), Eul evidence 1 and 3

2. Determination as to the claim for divorce and consolation money against each principal lawsuit and counterclaim

A. Determination

(1) Each claim for divorce: cite the principal claim and dismiss the counterclaim (Article 840, No. 1, 6, of the Civil Act)

(2) Claim for consolation money in the principal lawsuit: Partial acceptance

(A) Claim for consolation money against Defendant B: 20,000,000 won

(B) Claim for consolation money against Defendant C: The above amount of 20,000,000 won in collaboration with Defendant B

15,000,000 won and damages for delay

B. Grounds for determination

(1) Bankruptcy of a marriage: Various circumstances shown in the pleadings of this case, including the fact that both the plaintiff and the defendant B want a divorce through their principal lawsuit and counterclaim, shall be taken into consideration.

(2) The main liability for the failure of the marriage: (a) according to the above facts of recognition, the main liability for which the marriage of the instant case was extinguished is determined as follows; (b) around July 2016, and (c) on the part of the Defendant B and the Defendant B, who continued to commit an unlawful act. The Defendants’ act is deemed to have caused the failure of the marriage between the Plaintiff and the Defendant B; and (c) the Defendants have the duty to protect the Plaintiff’s mental suffering due to the failure of the marriage. The Defendants are obliged to set the amount of consolation money by comprehensively taking into account the causes and the degree of responsibility for the failure of the marriage, the period, process, age, the relationship between the Plaintiff and the Defendant B, etc.

[2] The Defendants asserted that Defendant C had attempted Defendant C to commit the Plaintiff’s violence to be the competence, and that there was no unlawful act among the Defendants. However, according to the evidence submitted as seen above, it can be sufficiently recognized that the Defendants had an inappropriate relationship in the competence around July 2017, and thereafter, the Defendants were frighting in the competence at the competence and all unlawful acts that are not faithful to the husband’s duty of good faith (see, e.g., Supreme Court Decision 87Meu5, 87Meu6, May 26, 1987). Thus, the Defendants’ above assertion is rejected.

In addition, Defendant B is the Plaintiff’s assault, etc., which led to the failure of the two people’s matrimonial relationship. However, according to the above facts of recognition, the Plaintiff’s suspension of indictment for domestic violence appears to have arisen from the appearance of Defendant B, and it cannot be justified on the ground that there was the above domestic violence case, and the principal liability for the failure of the marriage of this case led to the failure of the marriage of this case constitutes Defendant B’s external appearance and fraudulent act as seen earlier, and thus, the above assertion is rejected.)

C. Sub-committee

Therefore, under the principal lawsuit, the Plaintiff and Defendant B are liable to pay the Plaintiff consolation money, Defendant B is obligated to pay the Plaintiff the amount of KRW 20,000,000, and Defendant C is jointly with Defendant B the amount of KRW 15,00,000, and the amount of KRW 00 from the day following the day of delivery of the complaint of this case sought by the Plaintiff, to the day of this judgment, the scope of the duty to perform is disputed by the Defendant C’s 5% per annum under the Civil Act, and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination on the claim for division of property

(a) Property and value to be divided: It shall be as shown in the detailed statement of the property to be divided in annexed Form 1;

(b) The ratio and method of division of property;

(1) Division of property: Plaintiff 60%, Defendant B 40%

[Ground of determination] All circumstances, such as the process of acquiring and using active property subject to division, the degree of contribution to the formation and maintenance of the Plaintiff and Defendant B, the occupation and income of the parties, the process and period of marital life, and the designation of a custodian of the parties to the case

(2) The method of division of property: The property and debt under the Plaintiff’s name refers to the time when the property and debt are fully reverted to the current name, taking into account the name and form of the property subject to division, the process of acquisition, the status of management, the convenience of division, etc.; and the Plaintiff shall have the Defendant Morse pay in cash to the Defendant B the shortage of the amount ultimately attributable to the Defendant Morse according to the division of property.

(3) Property division amount that the Plaintiff has to pay to Defendant B

[Calculation Form] ① The share of Defendant B according to the division of property among the net property of the Plaintiff and Defendant B

30, 788, 869 won 】 40% = 12,315, 547 won (turf less than won)

(2) The amount under the above paragraph (1) which deducts the net property of Defendant B.

12, 315, 547 - 0 won = 12,315,547 won

③ Division of property that the Plaintiff pays to Defendant B

2. Amount under the above paragraph 12,00,000 won

C. Sub-determination

Therefore, the Plaintiff is obligated to pay the Defendant B with 12,00,000 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 the judgment of this case is finalized to the day of full payment.

4. Determination ex officio as to designation of a person with parental authority and a custodian, claim for child support, and visitation right

(a) Designation of a person with parental authority and a custodian;

In light of the agreement between the Plaintiff and Defendant B with respect to the designation of a person with parental authority and a custodian of the principal of this case, taking into account all the circumstances revealed in the argument of this case, it is reasonable to designate Defendant B as a person with parental authority and a custodian of the principal of this case for the smooth growth and welfare of the principal of this case.

(b) Child support;

(1) Occurrence of liability to pay the child support

The plaintiff is the father of the principal of the case and is responsible for raising the principal of the case together with the defendant B, so the principal of the case is obligated to pay the child support for the principal of the case until the day before the principal of the case becomes adult.

(2) The amount of child support to be paid by the Plaintiff

A) It is determined that the principal of the case shall pay 350,000 won per 1 principal of the case as of the last day of each month from the day following the day of this judgment until the day before the principal of the case becomes an adult.

B) Grounds for determination: The Plaintiff and Defendant B’s age, occupation and income ability, property, age and parenting of the principal of the case, the family court’s child support calculation table, etc. published by the Seoul Family Court;

(3) Sub-decisions

Therefore, the plaintiff is obligated to pay 350,000 won per person of the principal of the case from the day following the date this judgment was rendered to Defendant B with the child support of the principal of the case until the day before the principal of the case becomes an adult.

(c) Interview right;

As long as Defendant B was designated as a person with parental authority and guardian of the principal of this case, the Plaintiff and the principal of this case have the right to visitation, taking into account all the circumstances revealed in the arguments of this case, such as the age, gender, parenting environment, etc. of the principal of this case, setting the method of visitation right as described in paragraph (7) of this case is reasonable for the welfare of the principal of this case.

5. Conclusion

The plaintiff's claim for divorce against the defendant B is justified, and the plaintiff's claim for consolation money against the defendants is justified within the scope of the above recognition, and the remaining claim for consolation money and the counterclaim divorce against the defendant B, and the claim for consolation money are dismissed as it is without merit. The plaintiff's claim for divorce against the defendant B and the visitation right (ex officio) are determined as above. It is so decided as per Disposition.

Judges Cho Sung-sung