2016dwards212957 Divorce and solatiums

2017ddan201404 (Joint Condolence Money)

A (1967 No. 1000)

Busan Address

Reference domicile

Attorney Lee Do-young

1. B (the birth in 1968, South Korea);

Busan Address

Reference domicile

2. Sick (197)

Busan Address

June 21, 2017

July 12, 2017

1. The plaintiff and the defendant Eul are divorced.

2. The Plaintiff shall be consolation money; (a) the Defendant Eul shall be paid KRW 20 million; and (b) the Defendant Byung shall pay the amount calculated by applying each ratio of KRW 15 million to Defendant Eul and each of the above amounts to KRW 15 million from January 6, 2017 to July 12, 2017; and 15% per annum from the next day to the day of full payment.

3. The plaintiff's remaining claims for consolation money against the defendants are dismissed, respectively.

4. One-half of the costs of lawsuit shall be borne by the Plaintiff, one-half, respectively, by the Defendants.

5. Paragraph 2 can be provisionally executed.

(1) Paragraph (1) of this Article and paragraph (1) of this Article shall be consolation money to the Plaintiff; Defendant B shall be KRW 50 million; Defendant C shall be jointly and severally with Defendant B.

As to the above money of KRW 30 million and each of the above money, from January 6, 2017 to the date this decision is rendered.

5% per annum and 15% per annum from the following day to the date of full payment.

1. Facts of recognition;

A. The plaintiff and the defendant Eul filed a marriage report *. *. * The plaintiff and the defendant Eul had two children.

B. Defendant B, during the marriage period, engaged in drinking alcohol in excess of a number of times, or assaulting the Plaintiff.

C. Around November 2015, the Plaintiff told Defendant B that there was a woman who was frighten in the mountain conference from Defendant B. Around that time, the Plaintiff viewed Defendant B’s mobile phone, and the Defendants sent frequently to Defendant B’s mobile phone and sent letters to meet or make a trip as soon as before May 2015, and exchanged sexual issues. The Defendant C also expressed that the Defendant C would demand Defendant B to offer the Plaintiff’s passbook, or that the policyholder’s name should be changed from the Plaintiff to Defendant B.

D. After becoming aware of the fact that the Plaintiff filed the instant lawsuit against Defendant C, Defendant B destroyed the mobile phone that the Plaintiff left together with evidentiary materials while disputing the Plaintiff.

[Ground of recognition] The evidence Nos. 1 through 3 and all purport of the pleading

2. Determination as to a claim for divorce against Defendant B

In light of the above recognized facts and the fact that Defendant B did not respond to the instant lawsuit with knowledge of the fact that the instant lawsuit was filed, the marriage between the Plaintiff and the Defendant was no longer restored.

The marriage between the plaintiff and the defendant Eul is due to the above-mentioned violence and unfair treatment against the plaintiff by the defendant Eul and the defendants' misconduct, etc. This constitutes grounds for divorce under subparagraphs 1, 3, and 6 of Article 840 of the Civil Act.

3. Determination on the claim of consolation money against the Defendants

Inasmuch as the Defendants’ unlawful act was the main cause of the marriage between the Plaintiff and Defendant B, the Defendants are obligated to bring the Plaintiff with monetary injury.

With regard to the amount of consolation money, there was no fault that the Defendants caused to the Plaintiff after the Defendants’ act was revealed, and rather, Defendant B committed violent acts, such as destroying the Plaintiff’s mobile phone while saving the Plaintiff, and Defendant C knew that Defendant C had the spouse, and gave advice to the purport that the property should be changed to Defendant B’s name, taking into account all the circumstances revealed in the pleadings of the instant case, such as the degree of misconduct, the period of misconduct, the period of marriage between the Plaintiff and Defendant B, the marriage period of the Plaintiff and the Defendant B, and the developments leading up to the failure of marriage, the amount of consolation money to be paid by Defendant B shall be determined as KRW 20 million and the amount of consolation money to be paid by Defendant C as KRW 15 million.

Therefore, the Plaintiff is obligated to pay consolation money, Defendant B, Defendant C, and Defendant C, each of the above amounts, KRW 15 million, and each of the above amounts, from January 6, 2017 to July 12, 2017, the date of this decision, which is the date of this decision, to the date of this decision, 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 following day to the date of full payment.

4. Conclusion

The plaintiff's claim for divorce against the defendant Eul is accepted for reasonable grounds, and the defendant's claim for consolation money against the defendant is accepted within the scope of the above recognition, and the remaining claims are dismissed for lack of reasonable grounds.

Judges Yoon Jae-nam