2017dwards 10943. Divorce

2018Ddan207096 (Counterclaim) Divorce and consolation money

Section B.

July 5, 2018

October 4, 2018

1. The plaintiff (the counterclaim defendant) and the defendant (the counterclaim plaintiff) are divorced by counterclaim.

2. The Plaintiff (Counterclaim Defendant) pays 10,00,000 won as consolation money to the Defendant (Counterclaim Plaintiff) and 15% per annum from June 8, 2018 to October 4, 2018, and 25% per annum from the next day to the day of complete payment.

3. The plaintiff (Counterclaim defendant)'s claim for divorce against the principal lawsuit, and the defendant (Counterclaim plaintiff)'s remaining counterclaim consolation money is dismissed, respectively.

4. The costs of lawsuit shall be borne by each party, including a principal lawsuit and a counterclaim.

5. Paragraph 2 can be provisionally executed.

The principal lawsuit is divorced between the plaintiff (the counterclaim defendant, hereinafter referred to as the "Plaintiff") and the defendant (the plaintiff, hereinafter referred to as the "Defendant").

Counterclaim: Paragraph (1) of this case and Paragraph (1) of this Article and the plaintiff shall pay to the defendant 30 million won as consolation money and 15% interest per annum from the day following the delivery of a copy of the counterclaim of this case to the day of complete payment.

1. Facts of recognition

A. The Plaintiff and the Defendant are legally married couple who lived in the studio prepared by the Defendant from August to October of 2016, and who completed the marriage report on March 21, 2017.

B. Both the Plaintiff and the Defendant, who were married, had conflicts arising from economic problems during the period of marriage, and the Plaintiff’s parenting problems, etc., and the Defendant was living at the place of residence and the place of the cargo vehicle around May 2017.

C. From August 2017, the Plaintiff reported the withdrawal to Nonparty 00 and the Defendant around September 22, 2017. On September 27, 2017, the Plaintiff filed a claim for divorce against the Defendant as the principal lawsuit of this case.

D. On December 2017, the Plaintiff was pregnant with a baby of Park 00 and gave birth during the instant lawsuit.

[Grounds for recognition] Gap's evidence 1 to 6, Eul's evidence 1 to 6 (including branch numbers) and the purport of the whole pleading

2. Determination on the principal lawsuit and counterclaim divorce and counterclaim consolation money

A. Determination

(1) Each claim for divorce: Acknowledgement of counterclaim, dismissal of the principal lawsuit (Article 840, No. 1, 6 of the Civil Act)

(2) Claim for solatium solatium: Partial acceptance [5% per annum under the Civil Act 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 complete payment] of part [10 million won and damages for delay calculated by the rate of 5% per annum under the Civil Act from the day following the day of service of the main copy of the counterclaim of this case to the day of service of this decision]; and

B. Grounds for determination

(1) The failure of a marriage: The circumstances shown in the arguments of this case, including the fact that both the plaintiff and the defendant want a divorce through the principal lawsuit and the counterclaim, shall be considered.

(2) The Plaintiff is mainly responsible for the failure of a marriage: (a) according to the above-mentioned facts, the failure of the marriage in this case does not make every effort to resolve the failure in the conflict between the couple and the Defendant’s living at the workplace where his/her home was located, but even though the main liability is not resolved ultimately, the Plaintiff who committed an unlawful act and 00 in the situation where the marriage relationship has not been resolved. The amount of consolation money is determined by comprehensively taking account of the causes and the degree of responsibility for the failure of the marriage, the marriage period of the Plaintiff and the Defendant, the marriage period, the marital life, the age, occupation, etc.

[2] The plaintiff asserted that the plaintiff's claim for consolation money against the plaintiff was unfair since the plaintiff and the defendant's marital relationship occurred due to alcohol addiction, verbal abuse and assault by the defendant, the defendant's running away and abandonment against the plaintiff. The plaintiff and the defendant's running away from the defendant's running away, and the plaintiff met 00 after the defendant's running away. The plaintiff's claim for consolation money against the plaintiff is not reasonable. However, the evidence submitted by the plaintiff alone is not sufficient to recognize the reason for the marriage dissolution, or it is difficult to view that the plaintiff's living form and the defendant's living form (the plaintiff continued to live in the house created by the defendant, and it seems that the plaintiff moved back to his home while living in the defendant's running home) after the withdrawal of the defendant's running away from August 2017 to the defendant's running home, and it is difficult to view the plaintiff's moving back to the plaintiff and the defendant's remaining home at the time of the above plaintiff's moving back to the plaintiff and the defendant's remaining home.

3. Conclusion

Therefore, the counterclaim claim for a counterclaim shall be accepted on the ground of the reasons, and the counterclaim shall be accepted within the extent of the above recognition, and the remainder shall be dismissed on the ground of the reasons, and the claim for a divorce on the principal lawsuit shall be dismissed on the ground of the reasons. It is so decided as per Disposition.

Judges Cho Sung-sung