Plaintiff (Law Firm Rate, Attorneys Kim Young-hoon et al., Counsel for the plaintiff-appellant)

Defendant

Defendant 2 (Attorney Noh Jeong-hee, Counsel for defendant-appellant)

Principal 1 et al.

October 28, 2009

1. In accordance with the principal lawsuit, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are divorced.

2. Defendant (Counterclaim Plaintiff) and Defendant 2 jointly and severally pay to Plaintiff (Counterclaim Defendant) 30,000,000 consolation money and 5% per annum from October 28, 2009 to December 2, 2009, and 20% per annum from the next day to the day of full payment.

3. The defendant (Counterclaim plaintiff) shall pay to the plaintiff (Counterclaim defendant) 466,00,000 won as division of property and 5% interest per annum from the day after this judgment became final and conclusive to the day of full payment.

4. To designate the plaintiff (Counterclaim defendant) as the person who exercises parental authority and takes care of the principal of the case.

5. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 500,000 per head of the instant principal from November 26, 2009 to the end of each month from November 26, 2009 to the principal of the instant case’s child support.

6. The Defendant (Counterclaim Plaintiff) is entitled to have an interview with the principal of the case at a place where the Defendant (Counterclaim Plaintiff) can be responsible, such as the Defendant (Counterclaim Plaintiff)’s residence from 13th Saturday to 18th Sundays on the following day.

7. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and Defendant 2 and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

8. Of the costs of lawsuit, 30% of the cost of lawsuit is borne by the Plaintiff (Counterclaim Defendant), 70% is borne by the Defendant (Counterclaim Plaintiff) and Defendant 2, and the cost of the counterclaim is borne by the Defendant (Counterclaim Plaintiff).

9. Paragraph 2 can be provisionally executed.

The principal lawsuit: The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant-Counterclaim Plaintiff (hereinafter “Defendant”) are divorced. The Defendants pay to each Plaintiff 50,000,000 consolation money and 20% interest per annum from the day following the delivery of the written application for re-issuance of the claim and the cause of the claim to the Plaintiff to the day of complete payment. The Defendant shall deliver to the Plaintiff property division 1,277,479,045 won and 20,000 shares out of the shares of Nonparty 2. The Defendant shall designate the Plaintiff as the person exercising parental authority and the guardian of the principal of this case. The Defendant shall pay to the Plaintiff KRW 50,00 per month from the day following the delivery of the copy of the complaint of this case to the age of majority.

Counterclaim: The defendant and the plaintiff are divorced. The plaintiff shall pay to the defendant 10,000 won consolation money and 5% per annum from the day following the delivery of a copy of the counterclaim of this case until the judgment is rendered, and 20% per annum from the next day to the day of complete payment. The defendant shall be designated as the person exercising parental authority and the guardian of the principal of this case. The plaintiff shall pay 300,000 won per month from the day following the delivery of a copy of the counterclaim of this case to the majority of the principal of this case.

1. Basic facts

A. The plaintiff and the defendant are married couple who completed the marriage report on January 29, 1986, and have one of the children already attained majority and the principal of the case.

B. From around 1999, the Defendant had been working for the husband of another woman or her husband to call with the Plaintiff at the Plaintiff’s home. As a result, the Defendant began to have a far distance between the Plaintiff and the Defendant. Since then, the Defendant frequently committed assault by drinking alcohol, drinking the Plaintiff’s head debt, drinking the Plaintiff’s head debt, drinking the Plaintiff on the room, taking the Plaintiff’s bath.

C. From around January 6, 2008, the Defendant had a separate officetel from around 2006, and mainly lived in the place. On the other hand, around January 6, 2008, the Defendant had the head of the Myeon, along with Defendant 2, from the officetel. Meanwhile, around 2002, the Defendant entered the driver’s accident insurance for Defendant 2 as the insured, and Defendant 2 placed the place where the mail was received from the food service company as the above officetel.

D. The plaintiff and the defendant are currently living separately, and the principals of the case are bringing up by the plaintiff.

[Ground of recognition] Unsatisfy, Gap 1 through 20 evidence (including provisional number), Eul 1 through 19 evidence, non-party 5 and 10 testimony, the purpose of the whole pleadings

2. Determination as to the plaintiff's claim for divorce against the defendant and claim for consolation money against the defendants

A. Grounds for judicial divorce

According to the above facts, the marital life of the plaintiff and the defendant is deemed to have reached a failure to the extent that it is impossible to cope with the failure due to unfair treatment of the defendant 2 and other women and the defendant's assault against the plaintiff. This constitutes a cause for judicial divorce under subparagraphs 1, 3, and 6 of Article 840 of the Civil Act.

(b) consolation money;

As seen above, the plaintiff and the defendant suffered from the failure of their marital life due to the mistake of the defendants, so the defendants are liable to compensate for the plaintiff's mental damage caused by such failure in cash.

The amount shall be KRW 30,000,000, taking into consideration all the circumstances shown in the pleadings of the case, such as the period of marriage, the reason why the marital life of the plaintiff and the defendant has been broken down, and the economic power of

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of the judgment from the day after the delivery of the application for re-issuance of the purport of the claim and the cause of the claim, as requested by the plaintiff.

3. Determination on the defendant's counterclaim divorce and claim of consolation money

A. Grounds for judicial divorce

피고는, 원고가 독선적이고 이기적인 성격의 소유자로서 낭비벽이 있을 뿐만 아니라, 혼인생활 중 가사를 게을리 하고 시댁식구들을 홀대하고, 자주 피고를 폭행하고 피고에게 욕설을 하였을 뿐만 아니라, 이혼을 하여 주지 아니하면 집을 나간다는 등으로 피고를 협박하고, 나아가 이유 없이 피고의 외도를 의심하는 등 심한 의부증이 있어서 결국 원고와 피고의 혼인생활이 파탄에 이르렀는바, 이는 민법 제840조 제3호 , 제6호 의 재판상 이혼사유에 해당한다고 주장하나, 피고 제출의 모든 증거에 의하더라도 피고의 주장과 같은 원고의 귀책사유로 원고와 피고의 혼인생활이 파탄에 이르렀음을 인정하기에 부족하고 달리 원고의 귀책으로 인한 이혼사유도 인정되지 아니한다.

(b) consolation money;

The defendant's claim for consolation money is not recognized as a premise of divorce due to the plaintiff's liability.

4. Division of property;

(a) Confirmation of property to be divided;

Among the property and debt subject to division of the plaintiff and the defendant's assertion, those acquired and formed by the plaintiff and the defendant through mutual cooperation during their marital life, those acquired and formed by the plaintiff and the defendant, those who actively cooperate in their maintenance, and those who are related to the normal home life or are borne with the formation of marital joint property. It falls under the category of the property subject to division regardless of the name of the plaintiff and the defendant as joint property or joint debt of the plaintiff and the defendant.

(b) Division ratio of property;

The ratio of division of property shall be determined by the plaintiff 50% and the defendant 50% in consideration of various circumstances, such as the process of forming the above common property, the degree of contribution to the formation and maintenance of property of the plaintiff and the defendant, and the age, marriage period, etc. of the plaintiff and the defendant.

(c) Method and amount of division of property;

The method of division of property is to vest the property and the debt subject to division in the current state as they are owned and liable, and it is reasonable to determine that the defendant pays the difference between the amount to be reverted to the plaintiff according to the ratio of division of property among the net property of the plaintiff and the defendant, in cash

Therefore, the defendant is obligated to pay to the plaintiff 466,00,000 won [the amount calculated by multiplying the amount obtained by the division ratio of the plaintiff from among the net property of the plaintiff and the defendant stated in the attached Form 46,70,617 won (1,023,401,234 won x 0.5) x the plaintiff's net property 45,466,240 won by the division ratio of the plaintiff's net property x 0.5] and to pay damages for delay at the rate of 5% per annum from the day following the conclusion of the judgment to the day of full payment.

5. Designation of the exerciseer of parental authority and child support;

In full view of all the circumstances revealed in the arguments of this case, including the marital life and distress of the plaintiff and the defendant, and the age and parenting of the principals of this case, the plaintiff shall be designated as the exerciseer and parentinger of the principals of this case, and the child support shall be

6. Interview right.

The decision shall be made as per the Disposition, taking into consideration the overall circumstances above.

7. Conclusion

Therefore, the plaintiff's claim for divorce is accepted. The claim for consolation money shall be accepted within the extent of the above recognition, and the remainder shall be dismissed. The defendant's counterclaim divorce and consolation money shall be dismissed. It is decided as per the disposition regarding division of property, designation of the exerciser of parental authority and child care, child support, and visitation right.

[Attachment]

Judges Kim Chang-chul