2017Dhap200699 Divorce, etc.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

June 28, 2018

August 23, 2018

1. The plaintiff and the defendant B are divorced.

2. Defendant B pays as consolation money 30,00,000 won to the Plaintiff, and 5% per annum from May 3, 2017 to August 23, 2018, and 15% per annum from the next day to the day of complete payment.

3. The plaintiff's remaining claims for consolation money against the defendant C and D are dismissed, respectively.

4. Defendant B pays to the Plaintiff 96, 900, 000 won as division of property and 5% per annum from the day following the day this judgment became final and conclusive to the day of full payment.

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

6. Defendant B pays the Plaintiff KRW 700,000 per month from August 24, 2018 to January 5, 2032, as the child support for the principal of the case, to the end of each month.

7. Defendant B may visit the principal of the case before the principal of the case becomes adult: Provided, That the detailed date, time, place, and method may be designated and changed after consultation with the Plaintiff and Defendant B according to the schedule of the principal of the case, and the intention of the principal of the case must be respected to the maximum extent possible.

(a) A schedule: First, third Saturday: from 00 to 19:00; and

(b) Place: The residence of Defendant B or the place where Defendant B may be responsible;

8. Of the costs of lawsuit, 30% of the portion arising between the Plaintiff and Defendant B shall be borne by the Plaintiff, the remainder by Defendant B, and the part arising between the Plaintiff, Defendant C and D shall be borne by the Plaintiff.

19.Paragraphs 2 and 6 can be provisionally executed.

The defendants, jointly and severally, pay to the plaintiff 100,00,000 won as consolation money, and 5% per annum from the day following the day of service of a copy of the complaint of this case to the day of this judgment, and 15% per annum from the day following the day of complete payment to the day of this judgment. The defendant B pays to the plaintiff 150,000,000,000 won per annum from the day of this judgment to the day of full payment, and 5% per annum from the day of this judgment. The defendant B pays to the plaintiff the amount calculated as 1,00,000 won per annum from February 2, 2017 to September 1, 2035 as the child support of the principal of this case to the end of each month.

1. Facts of recognition;

A. On November 30, 201, the Plaintiff and Defendant B had the principal of the case under the sleep as the legal couple who completed the marriage report on November 30, 201.

B. Defendant B provided a cell phone message with the following fact that Defendant B was hospitalized in the instant hospital at around 60 days after birth on March 2013, 2013, which read that Defendant B was satisfying with the Plaintiff’s female who was present at the club without her flock, and that Defendant B was satisfying, satisfy, and fying with the Defendant B. The Plaintiff reported the said message and argued the said message to Defendant B.

C. Defendant B, who became aware of around July 1, 2010, prior to marriage with the Plaintiff, continued to talk with 00, and continued to talk after marriage. Defendant B sent a photograph of 00 cellular phone images on November 11, 2012; December 9, 2012; December 24, 2012; and February 13, 2014.

D. Defendant B, as well as Park 00, stored and contacted other women’s telephone numbers, and met with them.

E. Around June 2014, the Plaintiff became aware of the fact that Defendant B contacted and met with other women. On July 2014, the Plaintiff discovered 00 photographs around the end of the pertinent year, and the Plaintiff had a significant dispute with the Defendant B, following it. During that process, the Plaintiff suffered bodily injury, such as tearing due to the shock of the shouldered alcohol.

F. The plaintiff and the defendant Eul continued to dispute over the above issues, and they came to her friend between the two, and during that process, they came to know of the dispute about both parents of the two families and participated. The defendant C, the parent of the defendant B, the defendant C, D, the plaintiff, who is the plaintiff's parent of the defendant B, did not seem to be able to be able to her her her her her her her her her her her her, not her her her her her, and they did not so her her her her her her her her her sofest so that they would not sell the plaintiff's her her she her her her her her frith, so that they could not sell the plaintiff's her her her her her frith and her her her her her name change. The plaintiff's she did not want to sell this her her her her her her second.

G. On December 17, 2014, the Plaintiff filed a lawsuit seeking compensation for damages with the Busan District Court for fraudulent acts against the said Park 00, and the said case was proceeded by public notice, and the Plaintiff was sentenced to the judgment of winning the lawsuit on March 24, 2015. Accordingly, on December 18, 2015, the Plaintiff appealed by Park 00 and sentenced the Plaintiff to pay KRW 20,000,000 to the Plaintiff. Around that time, the said judgment became final and conclusive.

H. Defendant B’s house on February 22, 2015 is currently in progress with the Plaintiff until now.

I. On May 5, 2015, Defendant B filed a lawsuit against the Plaintiff seeking divorce and consolation money, etc. with this court. On November 29, 2016, Defendant B was sentenced to a judgment dismissing all Defendant B’s claims on the ground that Defendant B is a responsible spouse.

(j) around February 2, 2017, Defendant B opened an apartment in the name of the Plaintiff and the Defendant residing with the instant principal in the real estate brokerage office, and on February 17, 2017, the Plaintiff filed an application with this court for a provisional injunction on real estate disposal with respect to the said apartment on March 6, 2017, and received a decision on provisional injunction on real estate disposal. The Defendant B received a decision on March 13, 2017, following the said decision.

C. The Plaintiff filed the instant lawsuit on April 21, 2017.

[Ground of recognition] The evidence Nos. 1 through 9, 2-3, 5, 8, 11, 12, 15, 18, 19, 3-1, 8, 9, 10, 4-1 through 5, 6-1, 8, 11-1, 12, 17-1, 18-1, 19-1 through 4, 63-1, 63-1, 63-11, 12, 9, 9, 10, 10-10, and 63-11, 10, 10, and 10

2. Determination as to the claim for divorce and consolation money against Defendant B

A. A claim for divorce: there are reasons under Article 840(3) and (6) of the Civil Act.

(b) Claim for consolation money: 30,000, 000 won;

[Grounds for Determination]

(1) Recognition of the failure of marriage: Various circumstances shall be taken into account, such as the fact that both the Plaintiff and the Defendant B maintain their separate status for not less than three years, that both the Plaintiff and the Defendant B want to divorce, and that there seems to be no possibility of continuing their marital life due to their loss of trust in each other.

② The principal liability for the failure of the marriage is against Defendant B: Defendant B, etc., by having committed multiple acts with women, including b00, thereby losing the ties and trust between the couple; however, Defendant B, without making any effort to either mislead or restore the Plaintiff’s trust, denied and vindicate the fact of the misconduct, and instead, filed a divorce lawsuit against the Plaintiff, and even if the Plaintiff and the principal of the case unilaterally intended to dispose of the house in which the Plaintiff and the principal of the case reside.

③ The obligation to pay consolation money and amount: Defendant B is obligated to pay consolation money for a emotional distress that the Plaintiff sustained due to the failure of the matrimonial relationship. The amount shall be determined at KRW 30,000,000, taking into account the following circumstances: (a) the cause and degree of responsibility of the marriage dissolution as seen earlier; and (b) the marriage period, age, occupation, and economic power of the Plaintiff and Defendant B; and (c) the amount shall be determined at KRW 30,00.

C. Sub-determination

Therefore, the Plaintiff and Defendant B are divorced, and Defendant B is obligated to pay to the Plaintiff the consolation money of KRW 30,00,000, and the marriage relationship with the Plaintiff was broken down, as the Plaintiff seeks, 5% per annum under the Civil Act from May 3, 2017 to August 23, 2018, which is the day following the delivery date of the copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination as to the claim of consolation money against Defendant C and D

The plaintiff asserts that the defendant C and D, the parent of the defendant B, jointly with the defendant B's improper act, made a wide speech to the plaintiff and used a separate living and divorce. The defendant C, at the time of the withdrawal of the defendant B, directly participated in the failure of the plaintiff and the defendant B's marriage by treating the plaintiff unfairly, such as plucking, plucking, assaulting, etc. of the plaintiff's arms at the time of the withdrawal of the defendant B, thereby seeking mental compensation against the defendant C and D.

As seen earlier, Defendant C, and D told the Plaintiff to defend the Defendant B, who is the Plaintiff, and Defendant C used the Plaintiff’s arms to assist Defendant C and to help Defendant C, but it is difficult to see that the above facts alone are sufficient to deem that the Plaintiff was subjected to unfair treatment, such as assault, abuse, insult, etc. to the extent that it is deemed that the Plaintiff’s continued marriage from Defendant C and D would be harsh, and there is no other evidence to acknowledge this otherwise. Thus, the Plaintiff’s above assertion is not acceptable.

4. Determination as to the claim for division of property against Defendant B

(a) Details about the formation and maintenance of property;

1) The Plaintiff worked as a nurse from Busan to 2013 from her marriage to her marriage, and was in exclusive charge of raising home affairs and children during the marriage period.

2) While Defendant B works for a company of 00 years prior to marriage, income amounting to KRW 48 million per year.

3) On September 30, 2009, Defendant B acquired an apartment in Busan Shipping Daegu with monetary support from his parents on September 30, 2009. Defendant B resided in the thickness of the apartment before and after the marriage with the Plaintiff.

[Reasons for Recognition] The aforementioned evidence, Gap evidence Nos. 35 and 58, and the purport of the whole pleadings

(b) Property and value to be divided;

1) Property subject to division: as indicated in the “Attachment 1” list of the date of closing argument in this case (the date of closing argument in this case shall be determined as of the date of division of property: Provided, That in a case where consumption or concealment is easy as money and where there is a risk of overlapping sum if the standard point of time differs, it is reasonable to deem that the marriage has broken down as the separate date of the Plaintiff and Defendant B, which is the one of the parties to the division of property, as of February 22, 2015, the amount shall be presumed to exist and to determine the object and value of division of property).

2) The value of the property to be divided;

A) Plaintiff’s net property: 8,969, 692 won

B) Defendant B’s net property 344, 253, 644 won

C) Total amount of net property between the Plaintiff and Defendant B: 353,223,336 won

C. Judgment on the parties’ assertion

Attached Table 1 is as shown in the column of "the party's assertion and the list of the non-recognized property list" among the annexed Table 1 and the annexed Table 2.

(d) Ratio and method of division of property;

1) Division ratio: Plaintiff 30%, Defendant B 70%

[Ground of determination] The degree of contribution of the Plaintiff and Defendant B to the formation and maintenance of the property subject to division as seen above, and the process and duration of marital life, income, property and economic power of the Plaintiff and Defendant B, and the process of acquisition of apartment in the name of Defendant B in particular.

2) The method of division of property: Taking into account the parties’ intentions, the ownership, the process of acquisition and maintenance of the property subject to division, and the circumstances revealed in the pleadings of the instant case, including the ownership of the property subject to division as seen earlier, the portion of the property subject to division is reverted to the Plaintiff according to the said division ratio, and Defendant B pays to the Plaintiff a shortage of money.

3) Property division amount to be paid by Defendant B to the Plaintiff: KRW 96,900,000

【Calculation Form】

① The Plaintiff’s share according to the division rate of property among the net property of the Plaintiff and Defendant B

Total net property 353, 223, 336 won ¡¿ 30% = 105, 967, 000 won (if the amount is less than the original level, the forest)

(2) The amount calculated by subtracting the Plaintiff’s net property from the money in the above paragraph (1).

196, 997, 308 won ( = 105, 967, 00 won - 8, 969, 692 won)

③ Division of property to be paid by Defendant B to the Plaintiff

② 96, 900, 000 won for a little amount of money

E. Sub-determination

Therefore, Defendant B is obligated to pay to the Plaintiff a property division of KRW 96,900,00 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 this judgment became final and conclusive to the day of full payment.

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

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

In full view of all the circumstances revealed in the arguments of this case, including the Plaintiff and Defendant B’s marital life and distress situation, the friendship density with the principal of this case, the age and present custody situation of the principal of this case, and the intention of the parties, it is reasonable to designate the Plaintiff as a person with parental authority and custodian of the principal of this case

(b) Child support;

1) Occurrence of obligation to pay child support

Defendant B is the father of the principal of this case who is responsible for fostering the principal of this case together with the Plaintiff, and is obligated to pay the Plaintiff child support for the principal of this case.

2) The amount of child support to be paid by Defendant B

From August 24, 2018, which is the day following the date of this judgment, Defendant B pays to the Plaintiff KRW 700,000 per month from August 24, 2018 to the day before the principal of this case reaches the majority.

[Calculation Basis] The age and parenting status of the principal of the case, the age, occupation and acquisition, property and livelihood of the Plaintiff and Defendant B, the intent of the parties, etc.

(c) Interview (ex officio determination).

Defendant B, as a non-cushion-child, has the right to visitation with the principal of the case, unless it is contrary to the welfare of the principal of the case. Thus, taking into account all the circumstances surrounding the argument of this case, such as the age, parenting status of the principal of the case, and the intention of the parties, the date, method, etc. of visitation as described in paragraph (7) of the Disposition No. 7.6

Thus, the plaintiff's claim for divorce of this case is accepted as reasonable, and the claim for consolation money against the defendant Eul is accepted within the extent of the above recognition, and the remaining claim for consolation money against the defendant Eul and Eul is dismissed as it is without merit. It is so decided as per Disposition with regard to division of property, designation of person with parental authority and custody, child support and visitation right.

Judges Kim Jong-soo

Judges Cho Jae-sung

Judges Park Young-young