2015Dhap321 (principal lawsuit), divorce, consolation money, etc.

2015Dhap201940 (Counterclaim) Divorce and consolation money

ParkAA (*********** 2**********))

Address Madio Ma

Seoul basic domicile

Law Firm Doz.

Attorney Lee Jae-soo

(***********************))

Busan Address

Busan District Court

(************ 2**********)

Address Chuncheon City

Attorney Lee Do-young

Attorney Lee Jae-soo

2. DuD (********* 2********)

Busan Address

Defendant (Counterclaim Plaintiff) KimBB, and Defendant JeonD’s Counsel for the defendant-appellant

Defendant (Counterclaim Plaintiff) KimBB and Defendant Digital D’s sub-agent in the lawsuit

(************************)

Address Madio Ma

Busan District Court

2. KimF (********* 4*********))

Address Madio Ma

Suwon-si of reference domicile

December 3, 2015

January 14, 2016

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

2. The Plaintiff (Counterclaim Defendant Counterclaim Plaintiff) shall be consolation money; Defendant (Counterclaim Plaintiff) KimB shall pay 50,00,000 won; Defendant YellowCC shall pay 10,00,000 won out of the said money in collaboration with Defendant (Counterclaim Plaintiff) KimB; and 5% per annum from March 28, 2015 to January 14, 2016 with respect to each of the said money; and 15% per annum from the following day to the date of full payment.

3. The plaintiff (Counterclaim plaintiff)'s claim for consolation money against the defendant (Counterclaim plaintiff) KimB, defendant YellowCC's claim for consolation money against the defendant (Counterclaim plaintiff) and the plaintiff (Counterclaim plaintiff)'s counterclaim divorce and consolation money claim against the defendant (Counterclaim plaintiff) KimB are all dismissed.

4. The plaintiff (a counterclaim defendant) shall be designated as a person in parental authority and a custodian of the principal of the case.

5. The defendant (Counterclaim plaintiff) KimB shall be entitled to the plaintiff (Counterclaim defendant)

A. Payment of 16,800,000 won and 5% interest rate per annum from the day following the day when the judgment of this case became final to the day of full payment, to the principal’s past custody expenses;

B. From January 1, 2015, the principal of the instant case shall pay 700,000 won per person per death until the principal of the instant case reaches each adult age as the child support for the principal of the instant case at the end of each month.

6. The defendant (Counterclaim Plaintiff) KimB may, until the principal of the case reaches his majority, interview the principal of the case from 00 to 18:00 each day, and the principal of the case from 00 to 00 each day until the principal of the case reaches his majority. The defendant (Counterclaim Plaintiff) KimB may modify the principal of the case at a later consultation, and it shall be conducted by respecting the principal of the case as much as possible.

7. Of the costs of lawsuit, the portion arising between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) KimB is assessed against the Plaintiff (Counterclaim Defendant) by aggregating the principal lawsuit and the counterclaim. The remainder between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff 1/5) and the Defendant KimB is assessed against the Plaintiff, and the portion arising between the Plaintiff (Counterclaim Defendant) and the Defendant YellowCC is assessed against the Plaintiff (Counterclaim Defendant) 1/2, and the Defendant Yellow Co., Ltd. 1/2. The portion arising between the Plaintiff (Counterclaim Defendant 1) and the Defendant DaD is assessed against the Plaintiff (Counterclaim Plaintiff Counterclaim Defendant 1/2).

8. Paragraphs 2 and 5 can be provisionally executed.

1. Main elements;

The defendant (Counterclaim plaintiff; hereinafter "the defendant") KimB shall pay to the defendant (Counterclaim plaintiff; hereinafter "the defendant") 100 million won as consolation money; defendant YellowCC shall pay 20 million won out of the defendant KimB and each of the above amounts; 5 million won as to the defendant Jeon Dong and each of the above amounts; 15% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. The defendant KimB shall pay to the plaintiff 18,264,00 won at the past care expenses of the principal of this case; and 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment; and it shall be paid at the expense of the plaintiff 18,264,00 won per annum for each of the above amounts to the plaintiff 20% per each of the above amounts to the plaintiff 10th day of the last day of January 1, 2015 to the day of full payment.

2. Counterclaim;

The plaintiff shall be divorced by counterclaim and the defendant. The plaintiff shall pay as consolation money the defendant 30,00,000 won, and 5% per annum from the day following the service of a copy of the counterclaim, to the day of the judgment, and 15% per annum from the next day to the day of complete payment. The defendant may negotiate the principal of the case at a place where the defendant's residence or the defendant may be responsible for 00:0,000 won, and 15% per annum from the next day to the day of complete payment. The defendant may negotiate the interview with the principal of the case until the principal of the case reaches his majority.

1. Facts of recognition;

A. The Plaintiff and Defendant KimB completed the marriage report on February 20, 2008 and had the principal of the case under the sleep, and began studying in Canada from May 2008 to May 2008.

B. Defendant KimB actively made efforts to Defendant YellowCC, who had been engaged in fishing studies from around 2012 to Canada. Accordingly, Defendant YellowCC began with the knowledge that Defendant KimB was a spouse, and Defendant KimB began to have remaining there. Defendant KimB’s social network service (SNS) posted a photograph and face with Defendant YellowCC or a son’s son’s son’s son’s sonB’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

C. The Plaintiff, who became aware of this, demanded Defendant KimB, and YellowCC to suspend the arrival of the Republic of Korea, and Defendant KimB began from around 2013 to have another woman with another woman.

D. Accordingly, the Plaintiff, who was suffering from a serious conflict with Defendant KimB, eventually returned to Korea on January 2014 after hearing the principal of the case.

E. Meanwhile, Defendant YellowCC was pregnant on May 9, 2014, but there was no childbirth and child related to KimB. It is nothing more than that of the crime. I sent a letter of confirmation (Evidence A No. 4) that “I sent KimB with home.”

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5, and 11 (Defendant YellowCC asserted that Gap prepared evidence No. 4 by the plaintiff's intimidation, but there is no evidence to acknowledge it) and the purport of the whole pleadings

2. Determination on a principal lawsuit and a counterclaim divorce

A. Claim for divorce of principal lawsuit: there are reasons under Article 840(1) and (6) of the Civil Act

(b) Claim for a counterclaim: No reason exists;

(1) Recognition of the failure of marriage: The plaintiff and defendant KimB shall take into account the circumstances, such as the fact that they are living separately for a considerable period of time, and they want to proceed to divorce through the main lawsuit and counterclaim in this case, and the fact that there seems to be no possibility to recover mutual trust and continue their marital life.

② The main liability for the failure of the marriage is Defendant KimB: (a) as revealed in the above facts, Defendant KimB committed several unlawful acts during the marriage, thereby significantly losing the ties and trust between the couple; and (b) even thereafter, Defendant KimB did not make an anti-sexual effort to recover the Plaintiff’s trust and continue the marriage; and (c) as such, the fundamental and main liability for the failure of the marriage lies in Defendant KimB.

Meanwhile, Defendant KimB asserted that the marriage of this case occurred due to the Plaintiff’s unfair treatment, excessive interference with the Plaintiff’s mother, etc. However, the evidence submitted to this court alone is insufficient to acknowledge the fact of the allegation, or it is difficult to deem that it was the cause of the dissolution of marriage by itself, and Defendant KimB’s above assertion is rejected.

C. Sub-determination

Therefore, the plaintiff's claim for divorce on the principal lawsuit is reasonable, but defendant KimB's claim for counterclaim divorce is without merit.

3. Determination on the claim of consolation money and counterclaim

A. The part of the Plaintiff’s claim against Defendant KimB and YellowCC

1) According to the above facts of recognition, Defendant KimB and YellowCC provided major causes for the marriage of this case to the failure of the present case, and thus, they are jointly liable to compensate for mental damages suffered by the Plaintiff.

As to this, Defendant YellowCC did not have Defendant KimB-B-U.S. and arranged the relationship with Defendant KimB-B-U.S. on or around October 2012, and thus, it does not provide the cause of the marriage dissolution between the Plaintiff and Defendant KimB-U.S. However, according to the above facts of recognition, Defendant YellowCC, who became aware of it, had continued conflict with Defendant KimB-B-U.S., even after having been pregnant with Defendant KimB-U.S., was allowed to bring a lawsuit seeking the divorce of this case. Accordingly, even if Defendant YellowB-B-U.S. was married with other women than Defendant YellowCC, it can be said that Defendant YellowCC provided an important factor leading to the failure of the marriage of this case. Accordingly, the above assertion by Defendant Yellow Dust-B-U.S. is without merit.

2) As to the consolation money amount, in full view of the health team, the Plaintiff and Defendant KimB’s period and process of the marital life, the circumstances leading up to the failure of marriage, the degree of responsibility, the degree and duration of the act committed by the Defendant KimB, and the circumstances after the misappropriation was discovered, other age, occupation and economic power, etc., it is reasonable to determine the consolation money amount to be paid to the Plaintiff as KRW 50,00 in the case of Defendant KimB, and KRW 10,000,000 in the case of Defendant YellowCC.

3) Therefore, Defendant KimB is obligated to pay the Plaintiff consolation money, Defendant KimB KRW 50,00,00, Defendant Yellow Co., with Defendant KimB, KRW 10,00,00 of the said money, and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 28, 2015 to January 14, 2016, the day following the delivery date of a copy of the instant complaint, as sought by the Plaintiff, and as the Plaintiff seeks, from March 28, 2015 to January 14, 2016, the date of the instant judgment, and from the next day to the day of full payment, the damages for delay calculated at 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. The part of the Plaintiff’s claim against Defendant Jeon SooD

The plaintiff alleged that the defendant JeonB, who was the mother of the defendant KimB, was aware of the illegal act by the defendant KimB, and did not go to the plaintiff, but did not go to the plaintiff, and that the plaintiff was liable to pay consolation money to the plaintiff due to the plaintiff's failure in the marriage between the plaintiff and the defendant KimB by treating the plaintiff unfairly, such as taking an examination of the plaintiff's friendship. However, it is difficult to see that the defendant JeonB did not know that the plaintiff KimB's failure in the marriage between the plaintiff and the defendant KimB was affected by the plaintiff and the defendant KimB's failure, and it is insufficient to find that the entries in the evidence Nos. 5, 6, and 12 of the plaintiff KimB are sufficient to recognize that the plaintiff suffered unfair treatment. Therefore, the plaintiff's argument is without merit.

C. The part of Defendant KimB’s claim against the Plaintiff

Defendant KimB claimed consolation money against the Plaintiff on the premise that Defendant KimB is mainly responsible for the dissolution of marriage. However, as seen earlier, Defendant KimB’s claim for consolation money against the Plaintiff is without merit.

4. Determination as to the claim for designation of a person with parental authority and a custodian, the claim for child support, and the visitation right

(a) Person with parental authority and custodian: Designation of a plaintiff;

[Ground of determination] Various circumstances revealed in the arguments of this case, including the plaintiff and defendant KimB's marital life and failure failure, the age and custody of the principal of this case, and the parties' intent

(b) Child support;

Support expenses shall be determined as KRW 70,000 per person of the instant case, and shall be paid on the last day of each month each month in total of KRW 16,80,00,000 ( KRW 700,000 x 12 months x 12 months) and the delay compensation therefor, and KRW 700,000 per person per month from January 2015 to the day when the instant principal becomes each adult, as a result of the Plaintiff’s commencement of raising the instant principal, separately from Defendant KimB.

[Ground of determination] The occupation, economic ability, age and parenting status of the principal of the case, and other various circumstances of the Plaintiff and Defendant KimB

(c) Interview right;

Since non-nurt-care parents have the right to interview with the principal of the case unless it is contrary to the welfare of the principal of the case, it is reasonable to determine visitation rights as stated in Paragraph 6 of the Disposition in consideration of all the circumstances revealed in the arguments of the case, such as the age, rearing situation, etc. of the principal of the case.

5. Conclusion

Therefore, the plaintiff's claim for divorce against defendant KimB, and YellowCC shall be accepted within the extent of the above recognition. The plaintiff's claim for consolation money against defendant KimB, YellowCC shall be accepted within the extent of the above recognition. The plaintiff's claim for consolation money against defendant KimB, the remaining main claim against the defendant KimB, the plaintiff's claim for consolation money against the defendant KimB, the counterclaim against the defendant KimB, and the defendant KimB's counterclaim divorce and consolation money claim against the defendant KimB shall be dismissed as all of the grounds. It is so decided as per Disposition with regard to the designation of a person with parental authority and a custodian, the

Judges Do-constition

Judges Kim Jin-jin

Judges Park Jong-hee