2013Diva3417 Divorce and Condolence Money, etc.

A

B

C

October 16, 2013

November 6, 2013

1. The plaintiff and the defendant are divorced.

2. The plaintiff's claim for consolation money is dismissed.

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

4. The Defendant shall pay to the Plaintiff KRW 300,000 per month from February 22, 2013 to November 28, 2018 as the child support for the principal of the case at the end of each month.

5. The defendant may freely visit the principal of the case within the scope of respecting the will of the principal of the case.

6. Of the costs of lawsuit, 50% is borne by the Plaintiff, and the remainder 50% is borne by the Defendant, respectively.

7. Paragraph 4 can be provisionally executed.

D. Paragraph (1) of this Article and the defendant pay to the plaintiff 10 million won as consolation money and 20% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment. The plaintiff shall be designated as a person with parental authority and guardian of the principal of this case. The defendant shall pay to the plaintiff KRW 300,000 per month from the day following the delivery of a copy of the complaint of this case to November 28, 2019 as the child support of the principal of this case.

1. Part on the claim for divorce and consolation money

(a) Facts of recognition;

1) Marriage and children: on February 22, 1999, the principal of this case shall be reported to marriage, and the principal of this case shall be children.

(2) Circumstances of marriage and breakdown

A) The Plaintiff and the Defendant had frequent economic difficulties from the beginning of marriage, etc.

B) Around 2001, the Plaintiff also discontinued his business while running the beauty art room, and the Defendant was engaged in income activities by hiring the beauty art room and the factory, and the Defendant is engaged in the insurance agency business for several years after marriage. Around the period of marriage, the Plaintiff has transferred a variety of workplaces, such as the fertilizer factory work and the watch company work, and has been engaged

C) In around 2006, the Plaintiff entered into an inappropriate internal relationship beyond a simple interpersonal relationship with a male who became aware of at the 2006 public study group. The Defendant heard these circumstances from the Plaintiff’s Easts and urged the Plaintiff, and the Plaintiff made a mistake to the Defendant. Nevertheless, the Defendant continued to maintain a marital relationship with the Plaintiff for the future, etc. of the instant principal.

D) However, the Defendant continued to doubt the Plaintiff’s unlawful act on the ground that the Plaintiff returned home late after the day, and even did the Plaintiff engage in a paper verbal abuse or assault.

E) Around March 2010, the Plaintiff re-operatings the Defendant’s money 10 million won and the Plaintiff’s insurance cancellation fee, etc... Around that time, the Defendant raised a complaint against the Plaintiff on the ground that the Plaintiff continued to return home and did not give the Defendant any money once due to the operation of the beauty room, thereby demanding the Defendant to pay money. On the contrary, the Plaintiff raised a complaint against the Defendant on the ground that the Plaintiff did not have any interest in home, such as child education, etc.

F) On July 23, 2011, the Defendant returned home late to the Plaintiff at night, and raised the words to the Plaintiff, she saw the Plaintiff’s abusive, and made the Plaintiff’s beauty room. Following that, the Defendant abused the Plaintiff in the process of playing a franchising, such as boarding the Plaintiff on the vehicle, and diversing the Plaintiff for approximately two weeks of treatment.

G) Around August 2011, the Defendant: (a) around August 201, when the Defendant had completed a funeral ceremony of the Defendant and his mother’s father, and (b) had the Plaintiff returned to the Republic of Korea with her natives and her natives, and (c) had a serious dispute with the Plaintiff on the ground that the Plaintiff

H) At the end of December, 2012, the Defendant: (a) observed the appearance of the Plaintiff that the Plaintiff had a meal with a man in a restaurant at the time of the end of December, 2012; (b) opened the restaurant to doubt the Plaintiff’s unlawful act; and (c) saw the Plaintiff into the restaurant; (d) around that time, the Defendant told the Plaintiff about whether the Plaintiff would have a child in the case principal; and (e) made verbal languages.

I) After that, on February 1, 2013, the Plaintiff began to stay separately from the Defendant while living in the instant principal, who was unable to maintain a better marital life with the Defendant due to the Defendant’s above behavior, etc.

3) Period of separate stay: From February 1, 2013 to March 1, 2013

4) Current situation: The plaintiff consistently sought divorce after the institution of the instant lawsuit on February 15, 2013, and the defendant strongly has the intention to avoid divorce with the plaintiff for the future, etc. of the principal of the case.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 3 (including each number), the entry of the investigation report by family affairs investigators, the purport of the whole pleadings.

(b) judgment;

1) Part on the claim for divorce

According to the above facts, the marriage between the plaintiff and the defendant was lost in mind and trust which should be the basis of the marriage relationship between the plaintiff and the defendant, and it was sufficient to view that compelling the plaintiff to continue the marriage life to have reached an unreparable pain. In addition, it is sufficient to view that the marriage relationship caused the failure of the plaintiff as above, which caused a sudden equal treatment between the plaintiff and other men by committing unlawful acts around 2006, and the defendant's position that has no choice but to present his behavior due to such unlawful acts, and it is difficult to seriously understand the defendant's position that he did not make efforts to resolve the marriage life with the defendant without sufficient dialogue and communication with the defendant, and that the plaintiff's claim for divorce continued to be maintained for several years after the plaintiff's above improper acts, and because it is hard to see that the plaintiff's behavior and behavior were 4 different reasons such as the plaintiff's oral abuse due to the plaintiff's late returning in the workplace without any specific reasons such as violence, and thus, the plaintiff's claim for divorce has aggravated the plaintiff's behavior and behavior.

2) The portion claiming consolation money

The plaintiff sought to pay consolation money of KRW 10 million to the defendant due to the dissolution of a marriage, so long as the plaintiff and the defendant are equal to each other with respect to the failure of a marriage as seen earlier, the plaintiff's claim for consolation money on the premise that the defendant is mainly responsible for the failure of a marriage is no longer reasonable.

2. Designation of a person with parental authority or a custodian, claim for child support, and visitation right (ex officio)

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

Considering the fact that the plaintiff currently raises the principal of the case, the intention of the principal of the case, the process of marital life of the plaintiff and the defendant, the reason why the failure was caused, the age of the principal of the case and the intention of custody, etc., the designation of the plaintiff as a person with parental authority and the custodian of the principal of the case is deemed reasonable for the smooth growth and welfare of the principal of the case. Thus, the plaintiff is to be designated as a person with

(b) Child support;

As long as the Plaintiff was designated as a person with parental authority and a custodian of the principal of this case, the Defendant is obligated to share the child support as the father of the principal of this case. Considering all the circumstances revealed in the proceedings of the pleadings of this case, such as the original, the Defendant’s property status, and the age and parenting of the principal of this case, it is reasonable to determine the amount of the child support to be paid by the Defendant to the Plaintiff as KRW 300,000 per month. As such, the Defendant is obligated to pay to the Plaintiff KRW 300,000 per month from February 22, 2013, the day following the delivery of the copy of the complaint of this case, to November 28, 2018, which is the day before the principal of this

As long as the plaintiff has been designated as a person with parental authority and guardian of the principal of this case, the defendant has the right to interview the principal of this case who does not take care of. In full view of the facts recognized earlier and the age, gender, living environment, present situation, etc. of the principal of this case, it is reasonable to determine the frequency, time, and method of visitation as stated in paragraph (5) of this Article for the emotional stability and welfare of the principal of this case.

3. Conclusion

Therefore, the plaintiff's claim for divorce is justified, and the claim for consolation money is dismissed without merit. It is so decided as per Disposition with regard to the designation of a person with parental authority, a person with parental authority, a child support, a visitation right as above.

Judges Lee Young-jin