208Dr. 13483 Divorce, etc.

P (68 years old, female)

Attorney Yoon-soo et al., Counsel for the defendant-appellant

D.(75 years old, South)

1. B1 (Life in 03, Women)

2. B2 (Life in 05, Women)

October 21, 2008

November 4, 2008

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay the plaintiff 30 million won as consolation money and 20% interest per annum from November 5, 2008 to the day of full payment.

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

4. The defendant shall pay to the plaintiff 30,000 won per capita per capita of the principal of this case from November 5, 2008 to the time when the principal of this case reaches his majority.

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

6. Paragraph 2 can be provisionally executed.

The same shall apply to the order of hearing.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on August 13, 2002, and have the principal of the case between them.

B. Around 2002, the Defendant expressed the Plaintiff’s desire to answer his question, on the ground that he did not answer his question at the Plaintiff’s house while viewing the film at the Plaintiff’s house. Around October 2002, the Defendant: (a) expanded the Plaintiff in pregnancy to the floor; and (b) assaulted the Plaintiff on 203.

D. Around August 2003, the Defendant loaned money to the Plaintiff at his natives, but it is difficult to do so, and assaulting the Plaintiff of the defect.

E. The defendant around September 2003: (a) around September 2003, the defendant paid money to himself; (b) exercised verbal abuse and violence; and (c) accompanied the things.

F. Around December 2003, the Defendant took the face of the Plaintiff under water on the ground that the Plaintiff was flicking to turn on the music about to reatisf.

G. Around May 2004, the Plaintiff made a flusium while preparing meals, and made verbal abuse to the Plaintiff, and committed assault, and thereby, the Plaintiff’s flusium was caused.

H. Around August 2005, the Plaintiff was killed by telegraph from the Defendant, and the Plaintiff continued to have committed an assault against the Defendant. [Identification Evidence] Nos. 1 and 5-2, and the purport of the entire pleadings.

2. Determination on the claim for divorce and consolation money

A. According to the above facts of recognition, the marriage between the plaintiff and the defendant is deemed to have been broken down to the extent that the marriage between the plaintiff and the defendant cannot be observed, and the cause of the failure is deemed to be erroneous by the defendant. Such an act of the defendant constitutes a cause of judicial divorce under Article 840 subparagraph 6 of the Civil Code, and thus, the plaintiff's claim for divorce

B. Furthermore, it is clear that the Plaintiff suffered severe mental pain due to the failure of the marriage between the Plaintiff and the Defendant due to the Defendant’s act of the Defendant’s fault. Therefore, the Defendant is obligated to pay the Plaintiff a monetary penalty. In light of all the circumstances revealed in the argument process of the instant case, such as the Plaintiff and the Defendant’s age, occupation, property level, the process of marital life, the period of continuous existence, and the reason why the failure occurred, the amount of consolation money to be paid by the Defendant to the Plaintiff is determined as KRW 30 million. Therefore, the Plaintiff and the Defendant are liable for divorce, and the Defendant is obliged to pay to the Plaintiff a compensation for delay calculated at the rate of 20% per annum from November 5, 2008 (the day following this decision) to the day of full payment to the day of full payment.

3. Determination as to a claim for designation of a person with parental authority or child support

A. The plaintiff shall be designated as a person with parental authority and a custodian for the principal of the case in consideration of various circumstances, such as the plaintiff and the defendant's age, occupation, property level, status status, family environment, process of married life and the reason why the failure was caused, and the age and parenting of the principal of the case.

B. Furthermore, as long as the plaintiff is designated as a person in parental authority and a custodian of the principal of this case, the defendant is obligated to share the child support for the principal of this case as the father of the principal of this case. Considering all circumstances such as the age and educational situation of the principal of this case, age and property status of the plaintiff and the defendant, and import level, the defendant should pay to the plaintiff the child support for the principal of this case from November 5, 2008 (the day following the date of this decision) to the end of each month until the principal of this case becomes adult.

4. Conclusion

If so, the plaintiff's claim for divorce and consolation money claim are accepted for reasons, and it is so decided as per Disposition with regard to the claim for designation of a person with parental authority and a person with parental authority and a child support.

Judge Benefitshos