2010Dhap000 (principal action) Divorce, etc.

2011Dhap000 (Counterclaims) Divorce, etc.

○ ○ (77-year females)

Address Busan OOOOOOOO-OOOOOOOOOOOOOOOOO ○○○

Busan ○○-dong 000 - 000

Law Firm East, Attorney Lee Tae-hwan, Counsel for plaintiff-appellant

○○ (a man who has been 66 years old)

Busan ○○○○○○○○ Dong OO - OOOOOOOOOOOOO heading

【○○○○, ○○, ○○, ○○

Law Firm Cheong-do, Attorneys Kim Sun-ok, Counsel for the plaintiff-appellant

March 8, 2012

June 28, 2012

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

2. The plaintiff (Counterclaim defendant)'s claim for consolation money against the defendant (Counterclaim plaintiff) is dismissed, respectively.

3. Defendant (Counterclaim Plaintiff) pays to Plaintiff (Counterclaim Defendant) the amount of KRW 100,00,000 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.

4. One-third of the costs of lawsuit by aggregating the principal lawsuit and the counterclaim is assessed against the Plaintiff (Counterclaim Defendant) and the remainder is assessed against the Defendant (Counterclaim Plaintiff).

In the principal lawsuit: Plaintiff (Counterclaim Defendant, hereinafter “Plaintiff”) and Defendant (Counterclaim Plaintiff, hereinafter “Defendant”)

The defendant is mixed with the plaintiff, 30,000,000 won as consolation money, and a copy of the complaint of this case as to this.

The amount of money calculated at the rate of 20% per annum from the day after this service to the day of full payment, as property division;

180,000,000 each payment shall be made.

Counterclaim: The plaintiff shall be divorced from the defendant. The plaintiff shall be consolation money of 30,000,000 won and the plaintiff shall be divorced.

It shall be calculated at the rate of 20% per annum from the day after the duplicate of the counterclaim of this case is served to the day of complete payment.

Korea shall pay the same amount of money.

1. Determination on the claim for divorce and consolation money

(a) Facts of recognition;

1) Marriage and children: Report of marriage on January 3, 2008, 2008, 2008, 2) the Plaintiff and the Defendant have no child under the chain of marriage, as well as the situation where the marriage life and the breakdown occurred) and the Defendant begin living together from around August 200 to around around the place of work, and on December 19, 2007, they got married. The Plaintiff was first married, while the Defendant was divorced from two marriages.

B) Upon receiving the Defendant’s diagnosis of the rare sperm certificate, the Defendant decided to conduct the arche procedure. The Plaintiff was undergoing the arche procedure over a total of five occasions from around 2009 to May 2010, but failed in all, and during this process, the Plaintiff started to dispute frequently the minor problem.

C) Around May 2010, the plaintiff and the defendant had a big dispute over the issue of exchanging letters with the defendant's personal contents with ○○, a customer employee, and around June 2010, the plaintiff who was hospitalized after undergoing the procedure of the test officer, and the plaintiff was hospitalized in the course of the procedure of the procedure of the test officer, so that the defendant's dissatiscing between the couple was deepened.

D) On October 28, 2010, the Plaintiff released from the Defendant’s precious metal shop with a amount of money equivalent to 42.3 billion, and returned home on November 1, 2010, this issue is that the Plaintiff and the Defendant were married fighting. The Plaintiff was on the climatic left and salt ties requiring three weeks’ treatment to the Plaintiff, and the Plaintiff was on the climatic and salt ties with the Defendant until now.

E) The Plaintiff filed for divorce by asserting that the Defendant committed an unlawful act with the ○○○○○ after the marriage, and that the Plaintiff was able to make verbal abuse on one’s own-centered and patriarchal attitude. As to this, the Defendant, who neglected the Plaintiff’s domestic affairs, paid a sufficient living cost but did not pay a credit card fee, was in arrears, etc., and was treated unfairly by verbal abuse, disregarding the Plaintiff’s parents, etc., and applied for divorce with the instant counterclaim by asserting that the Defendant committed an act of impairing the trust of both the Defendant and the Plaintiff, such as leaving the factory without permission and leaving the factory without permission, thereby impairing the trust of the couple.

3) Period of separate residence: for at least one year and seven months from November 2010 to the date (based on recognition), each entry in Gap evidence 1 through 3, 9, 10, Eul evidence 6 (including each number; hereinafter the same shall apply), images of Gap evidence 4 through 6, a family affairs investigator's report on the result of the conciliation measures taken by the family affairs investigator, the whole purport of the pleadings, and (b) judgment on the divorce of the principal lawsuit and counterclaim, the claim for consolation money, respectively.

1) A principal lawsuit and a counterclaim divorce claim: on the grounds of Article 840 subparag. 3 and 6 of the Civil Act, each of the reasons under Article 840 subparag. 6 of the Civil Act for a counterclaim claim (the Plaintiff alleged that the Defendant committed an unlawful act with ○○○, but it is insufficient to recognize the same only with the descriptions of evidence No. 13 and No. 15, and there is no other evidence to acknowledge it).

[Grounds for determination] Recognition of the failure of marriage between the plaintiff and the defendant: The above fact of recognition; particularly, the fact that the plaintiff and the defendant want a divorce between themselves through the main lawsuit of this case and the counterclaim of this case, and they live separately for a long time; and all the plaintiff and the defendant have not made any effort to recover the marriage.

2) Claim for consolation money and counterclaim: Each dismissal (the responsibilities for failure are equal to both the plaintiff and the defendant on an equal basis)

A) Plaintiff’s mistake: The Defendant’s mistake: (a) the facts of recognition as above; (b) particularly the Defendant’s unauthorized removal of gold from the Defendant’s factory; and (c) the Defendant’s act of impairing the trust between husband and wife; (d) the Defendant’s mistake caused conflict between husband and wife by verbal abuse, e.g., taking a test room, and taking a bath against the Plaintiff, which is difficult to perform

2. Determination on the claim for division of property

A. 1) Won and the defendant were to work as precious metal shop, and began to work as a bridge. The defendant shall be 204.

4. He established a precious metal shop and a seller with the trade name of ○○○○○○○○○ located in Busan OOdong OO-dong O-O-O00 in 000 (hereinafter “instant workplace”).

At the time, the Plaintiff provided support to the Defendant for the factory operation fund (the Plaintiff’s assertion 14,00,000, the Defendant’s assertion 8,000, and KRW 00,000). The Plaintiff operated the above company as well as the above company’s accounting work, such as taking full charge of domestic affairs after marriage.

2) On November 5, 2009, with the mother money during the marriage period, the plaintiff acquired ○○○ apartment OOOO-dong (hereinafter “the apartment of this case”) under the name of the defendant, 00 - 00 - 00 - 00 - 00 , ○○○ apartment O-dong OO-dong (hereinafter “the apartment of this case”). On October 28, 2010, the plaintiff, on October 28, 2010, entered the provisional shipment with a book stating the details of the purchase and sales of the bank passbook in the name of the plaintiff, this bank passbook in the name of the plaintiff, this place of business in this case, and the details of the purchase and sales in this case [based to recognition] Gap's 2,7,9, 11, 12, and Eul's 7 evidence, the purport of the entire pleadings, the entire list of the property subject to division, and the detailed statement of the property subject to division 1.1.

(1) Plaintiff’s net property: 11,616,93 won

(2) The defendant's net property: 346, 237,800 won.

(3) Total amount: 357,854,793 won

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 7, 8, 11, 12, Eul evidence No. 5

As a result of the ○○ Bank’s response to an order to submit financial transaction information, the purport of the entire pleadings shall be the whole purport of the pleadings. The assertion and judgment of the parties

Attached 1. Of the specifications table and the attached Form 2. Non-recognized property specification table, the column of “party’s assertion and judgment.” Property division ratio and method 1): Plaintiff 30% and Defendant 70%

[Ground of determination] As of the time of separation, the period of marriage between the plaintiff and the defendant is five years, the property of the plaintiff and the defendant is mainly formed as revenue from the workplace of this case, the plaintiff has contributed to the formation and maintenance of the common property of the plaintiff while working in the workplace of this case with a dedicated family affairs, and other circumstances such as the age and livelihood of the plaintiff and the defendant.

2) The method of division of property: In light of the various circumstances indicated in the pleadings in the instant case, such as the form of the property subject to division, the status of use, the current ownership, and the process of acquisition, each of the property subject to division shall be reverted to the current owners of the instant property, respectively. However, in a case where the value to which one of the property belongs exceeds or falls short of the value of the property to be properly allocated according to his contribution, it is reasonable to settle and settle the amount equivalent to the excess or excess portion as the division of property. 100,000,000 won

[Calculation Form] ① The sum of the Plaintiff’s net property according to the division ratio of property among the Plaintiff’s net property of the Plaintiff and the Defendant’s net property of KRW 357,854,793 x 30% = 107,356,437 (turf less than KRW 1)

② 107, 356, 437 won, 11, 616, 993 = 95, 739, 444 won, which deducted the Plaintiff’s net property from the money under the above paragraph (1)

[3] Division of property that the Defendant shall pay to the Plaintiff

② The amount under the above paragraph is 100,000,000 won which deducts several amounts under the above paragraph.

E. Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff 100,000,000 won as division of property and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from the day following the day when this judgment becomes final and conclusive to the day when the judgment is fully paid.

3. Conclusion

Therefore, each claim for divorce between the principal lawsuit and counterclaim shall be accepted on the ground of the reason, each claim for consolation money shall be dismissed on the ground of the reason, and the claim for division of property shall be determined as above. It is so decided as per Disposition.

Judges of the presiding judge;

Judges Cho Jong-hee -

Judges Oju-young

A person shall be appointed.

A person shall be appointed.