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(영문) 부산가정법원 2017.2.9.선고 2016드단7872 판결
이혼
Cases

2016dward7872 Divorce

Plaintiff

Article 00 (Lifelonged in 1980)

Busan Address

Busan District Court

Attorney Park Jae-hoon

Defendant

Park 00 (Lifelong, 1976)

Busan Address

Busan District Court

Principal of the case

1. Gambling*

2. △△;

The domicile and reference domicile of the principal of the case are as the defendant.

Conclusion of Pleadings

January 26, 2017

Imposition of Judgment

February 9, 2017

Text

1. The plaintiff and the defendant are divorced.

2. The defendant shall be designated as a person with parental authority and custody of the principal of the case.

3. The Plaintiff is the Defendant’s child support from February 1, 2017 to each adult of the instant principal as the child support for the instant principal.

The amount of KRW 150,00 per head of the case shall be paid at the end of each month until the day immediately preceding the arrival of the case.

4. The costs of the lawsuit are assessed against the defendant.

5. Paragraph 3 can be provisionally executed.

Purport of claim

Order Nos. 1 and 2

Reasons

1. Determination on the claim for divorce

Upon examining the purport of Gap evidence Nos. 1 through 4, Gap evidence Nos. 5-1, 2, and Gap evidence Nos. 6, the plaintiff and the defendant committed an assault against the plaintiff on Aug. 3, 2000, and the defendant committed an assault against the plaintiff on the ground that the plaintiff's handbags were located in a tobacco and a string of the plaintiff's late returning home, after attending a fraternity meeting on Jun. 21, 2009, and the defendant committed an assault against the plaintiff on Oct. 4, 2012, and suffered an injury to the plaintiff, and the defendant committed an assault against the plaintiff on Jun. 17, 2014, and the plaintiff prevented the plaintiff from taking advantage of the fact that the plaintiff was unable to take advantage of his failure and the fact that the plaintiff continued a conflict between the plaintiff and the plaintiff on Oct. 26, 2014.

Considering the above fact-finding, even if the defendant does not intend to proceed with a judicial divorce, it is reasonable to deem that there was an intention to proceed with a judicial divorce based on patriotism and trust, and that the defendant's marital relationship has reached a failure to the extent that it is no longer irrecoverable. In light of the above, the defendant's mistake constitutes a cause for judicial divorce as prescribed in subparagraphs 3 and 6 of Article 840 of the Civil Act.

Therefore, the plaintiff and the defendant are divorced.

2. Matters concerning bringing up;

A. Determination on the request for designation of a person with parental authority and a custodian

Since the separate occupation, the defendant has been bringing up the principal of this case, the plaintiff also wishes to be designated as a person in parental authority and a custodian of the principal, other sources, and the defendant's economy.

In light of the ability and the rearing environment, it is reasonable to designate the defendant as a person with parental authority and the rearer of the principal of this case.

B. Ex officio determination on child support

In light of the respective occupation and income of the Plaintiff and the Defendant, their economic status, and the age and status of custody of the principals of this case, it is reasonable for the Plaintiff to pay 150,000 won per person per each case, from February 1, 2017 to the day when the principals of this case reach each adult age, with the child support of the principals of this case.

3. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the ground of its reason, and it is decided as above with regard to the organization of the person with parental authority, the designation authority of the person with parental authority and the child support (ex officio judgment).

Judges

Judges Park Sang-sung

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