2019ddan202920 Divorce and consolation money

A

Section B.

C

June 4, 2019

July 9, 2019

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay to the plaintiff 10 million won consolation money with 15% per annum from April 17, 2019 to May 31, 2019, and 12% per annum from the next day to the day of full payment.

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 shall pay the Plaintiff KRW 500,000 per month from May 1, 2019 to the end of each month, the amount of the instant principal’s child support from May 1, 2019 to the end of December, 13, 2034, before the principal of the case reaches his majority.

6. The defendant may visit the principal of this case twice a month on the same day or for two days of gambling, and the specific day shall be determined by prior consultation between the plaintiff and the defendant.

7. The costs of lawsuit shall be borne by the defendant.

8. Paragraphs 2 and 5 can be provisionally executed.

The defendant shall pay to the plaintiff 10 million won as consolation money and 15% interest per annum from the day after the delivery of the copy of the complaint of this case to the day of complete payment. The plaintiff shall pay 500,000 won per annum from the day after the delivery of the copy of the complaint of this case to December 13, 2034 as child support of the principal of this case.

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

A. Facts of recognition

1) The plaintiff and the defendant are legally married couple who completed the marriage report on December 26, 2006, and they have their children.

2) During the marriage period, the Defendant acted in an economic unlimited liability on the ground of study, employment preparation, etc., and the home economy was caused by the failure of home economy, such as the house’s house’s house’s house’s house’s house’s auction, etc. Around July 2017, the Defendant made false remarks that the Plaintiff passed the public official examination. On November 19, 2018, the Defendant worked at the workplace and did not contact with the Plaintiff after leaving the house.

3) The Plaintiff has been in charge of household affairs and child care while living alone.

[Ground of recognition] Gap 1 to 7 evidence (including number number for those with number), the purport of the whole pleading

B. Determination

1) Determination on a divorce claim

According to the above facts, the defendant's above act constitutes grounds for divorce by re-market under Article 840 (2) and (6) of the Civil Code, and thus, the plaintiff's claim for divorce is justified.

2) Determination on the claim for consolation money

Furthermore, it is obvious in light of the empirical rule that the Plaintiff suffered a considerable mental suffering due to the failure of the marriage between the Plaintiff and the Defendant due to the above action. As such, the Defendant is obligated to bring the Defendant back to the Defendant in money. Considering the various circumstances revealed in the pleadings of the instant case, such as the background, period of marriage, the Plaintiff and the Defendant’s age, property status, and degree of proof, the amount of consolation money is reasonable to determine as KRW 10 million for the Plaintiff’s claim.

Therefore, the defendant has a duty to pay the plaintiff the consolation money of KRW 10 million and the plaintiff with 15% per annum as stipulated in Article 2 (2) of the Addenda from April 17, 2019 to May 31, 2019 (wholly amended by Presidential Decree No. 29768, May 21, 2019) of the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, Jun. 1, 2019) and damages for delay calculated by 12% per annum as stipulated in the above provision from the following day to the same day.

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

A. The part concerning the designation of a person with parental authority and a custodian and the claim for child support

Considering the circumstances shown in the pleadings of the instant case, such as the marriage and distress situation between the Plaintiff and the Defendant, the age and state of custody of the principal of the instant case, the intent and attitude of custody, economic ability and proof, and the criteria for calculation of child support (2017), etc., it is reasonable to designate the Plaintiff as the person in parental authority and the custodian of the instant case, and to determine the child support to be shared by the Defendant, as prescribed in paragraph (5) of this Article, for the welfare of the principal of the instant case.

(b) Interview (ex officio determination).

On the other hand, the father or mother who does not live together with his child has the right to interview the principal of this case and the victim of this case, unless it is contrary to the welfare of the principal of this case, and if he takes part in all the circumstances shown in the arguments of this case, such as the facts of recognition and the age of the principal of this case, gender, living environment and parenting situation, and the degree of contact with the defendant and the principal of this case, it is reasonable to determine the frequency and time of interview in accordance with paragraph 6 of this case, for the smooth growth of the principal of this case and the formation

3. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the ground of its reason, and the claim for consolation money is accepted on the grounds within the above recognition scope, and the remaining claim for consolation money is dismissed on the ground of its reason, and it is decided as to the designation of a person with parental authority and a custodian, the claim for a child support and the visitation right as above.

Judges already appointed