2014ddy9249 (Divorce, etc.)

2014dmon2246 (Counterclaims) Action for a claim, such as divorce

KimA

KimB

1. KimCC

2. KimD

March 10, 2015

March 24, 2015

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

2. To designate the Defendant (Counterclaim Plaintiff) as a person with parental authority and custodian of the principal of the case.

3. The Plaintiff (Counterclaim Defendant) delivered the instant principal KimCC to the Defendant (Counterclaim Plaintiff).

4. The Plaintiff (Counterclaim Defendant) pays 1,00,000 won per month to the Defendant (Counterclaim Plaintiff) for the child support of the instant principal from March 25, 2015 to November 23, 2030; and 500,000 won per month from the following day to August 7, 2032.

5. The plaintiff (Counterclaim defendant) may contact the principal of the case as follows before the principal of the case becomes adult.

(a) schedule;

1) The second week, the fourth Saturday 11:00 to 17:00 the following day.

2) After the principal entered an elementary school, 3 4 o-day each of the three o-days determined by agreement between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) among the summer and winter vacations of the principal of the case (from the first day: 00 to the last day: 00).

(b) Place and method;

The method that Plaintiff (Counterclaim Defendant) takes part in the case principal’s residence or the place determined by the compromise between Plaintiff (Counterclaim Defendant) and Defendant (Counterclaim Plaintiff) after taking part in the visitation right at the place desired by Plaintiff (Counterclaim Defendant).

6. The plaintiff (Counterclaim defendant)'s claim of consolation money in its principal lawsuit and the defendant (Counterclaim plaintiff)'s claim of consolation money in its counterclaim respectively.

7. The costs of lawsuit shall be borne by each party in total with the principal lawsuit and counterclaim.

8. Paragraph 4 can be provisionally executed.

1. Main elements;

Under the principal lawsuit, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) are divorced. The Defendant shall pay to the Plaintiff 10,00,000 consolation money with 20% interest per annum from the day following the delivery of the copy of the principal lawsuit to the day of complete payment. The Defendant shall designate the Plaintiff as a person in parental authority and custodian of the principal of the case. The Defendant shall pay to the Plaintiff 400,000 won per annum per principal of the case until the day following the day when the principal of the case is sentenced to the child support of the principal of the case until the day when the principal of the case becomes adult. The Defendant shall transfer the principal Kim DD to the Plaintiff.

2. Counterclaim;

The plaintiff shall be divorced by counterclaim and the defendant. The plaintiff shall pay to the defendant the consolation money of 10,00,000 won as consolation money and the amount calculated by 20% per annum from the day following the delivery of a copy of the counterclaim to the day of complete payment. The defendant shall be designated as a person with parental authority and a custodian of the principal of this case. The plaintiff shall pay to the defendant 647,140 won per person of the principal of this case as the child support of the principal of this case until the principal of this case becomes adult from the day following the day when the judgment of this case is rendered as the child support of the principal of this case to the day when the principal of this case becomes adult. The plaintiff shall deliver the principal KimCC to the defendant.

1. Determination as to the claim of divorce and consolation money

A. Facts of recognition

1) The Plaintiff and the Defendant: (a) on June 201, posted a marriage ceremony on the same year; and (b) on December 9, 201, they were legally married couples who reported marriage; and (c) the instant principal was born among two persons.

2) The Plaintiff and the Defendant respectively resided in Busan Eastdong-gu******** * * * - - The commencement of a new marriage life in one house. The Plaintiff and the Defendant respectively resided in the second floor and in the first floor and in the first floor.

3) In May 2012, the Defendant: (a) transferred one week to her friendship with the Defendant and transferred her to her husband; and (b) transferred her to her husband several times; (c) 2.5 million won per month of the living cost paid by the Plaintiff is less than her daily living cost, and (d) stated complaints regarding the Plaintiff’s economic ability.

4) Around June 2012, the Defendant was diagnosed with Gap's occupational saves, and the Plaintiff did not assist the Defendant's household affairs and childcare even thereafter.

5) During the marriage period, the Defendant expressed the Plaintiff’s complaint regarding the Plaintiff’s possession of the same family as the Plaintiff’s parents and demanded a branch of the Plaintiff.

6) Around January 2014, the Defendant argued with the Plaintiff as a divided family issue, and went to her friendly family relationship, and thereafter, she was living separately with the Plaintiff from the Plaintiff, and the Plaintiff went to her son KimCC around February of the same year.

7) On April 29, 2014, the Plaintiff filed the instant lawsuit seeking a divorce against the Defendant, and the Defendant filed the instant counterclaim seeking a divorce, etc. against the Plaintiff on July 2 of the same year.

8) At present, the Plaintiff raises the instant principal KimCC, and the Defendant raises the instant principal KimD.

[Grounds for Recognition] 1 to 7 evidence A, Eul evidence 1 to 5 (including each number)

and video, the purpose of the whole pleading

B. Determination

According to the above facts, there is no clear ground to view that either of the plaintiff and the defendant are a fundamental liability for the failure of marriage to either of the plaintiff and the defendant, but both parties are not able to resolve conflicts related to either party's own opinion or appraisal with due care for the other party and the other party's family affairs, etc., and they have filed a claim for divorce by neglecting their efforts to recover marital relations. Thus, it is reasonable to view that the marriage failure failure to continue the marriage between the plaintiff and the defendant, and the above liability for the failure of marriage is equal to both parties.

Therefore, the plaintiff's claim for divorce in the principal lawsuit and the claim for counterclaim divorce in the principal lawsuit are reasonable, but the plaintiff's claim for solatium in the principal lawsuit and the defendant's claim for solatium in the counterclaim are without merit.

2. Determination as to the designation of a person with parental authority and a custodian, the delivery of the principal KimCC of the case, the child support, and the visitation right

(a) Designation of a person with parental authority and a custodian;

There seems to be no big problem that both the plaintiff and the defendant have strong intent to rear the principal of the case and raise the principal of the case.

However, it is reasonable to designate the defendant as the person in parental authority and the rearinger of the principal of this case by taking full account of all the circumstances revealed in the arguments of this case, including the following: (a) the defendant, rather than the plaintiff, has a high friendly density with the principal of this case; (b) the defendant is necessary to rear the principal of this case together in order to form a mutual assistant principal and a joint and several sense of unity; (c) the principal of this case is required to take a careful hand over the rear hand of the rearer; (d) the defendant seems to have been able to take more time than the principal of this case; (e) the economic problem of the defendant may be resolved to a certain extent due to the payment of the plaintiff's child support; (e) the marital life and distress of the plaintiff and the defendant; (e) the age, gender, and volume of the principal of this case; (e) the intent of fostering the plaintiff and the defendant; and (e) the plaintiff's revenue and property status.

B. Delivery of the Principal KimCC

Since the defendant was designated as a person with parental authority and the guardian of the principal of the case, the plaintiff who currently raises the principal KimCC has a duty to deliver the principal KimCC to the defendant.

(c) Child support;

As long as the defendant is designated as the person in parental authority and the career of the principal of this case, the plaintiff is obligated to share the child support as the child support for the principal of this case. In full view of various circumstances mentioned in the arguments of this case, such as the age, health condition, current living environment and parenting situation of the principal of this case, the contents of the education received by the principal of this case, the age, position, economic ability, health status of the plaintiff and the defendant, the age, job, economic ability and health status of the plaintiff and the defendant, the equity of the burden, and the child support calculation standard table enacted and published by the Seoul Family Court, etc., it is reasonable to determine the child support to be paid to the plaintiff by 50,000 won per person of this case. The plaintiff is obligated to pay the defendant the child support for the principal of this case from March 25, 2015 to November 23, 2030, the last day of 00,000 won and the last day of 30,000.

D. Interview (ex officio determination)

As long as the defendant was designated as a person in parental authority and guardian of the principal of the case, the plaintiff, who is not a person in parental authority and guardian of the principal of the case, has the right to interview the principal of the case. In full view of the facts recognized earlier and the intentions of the plaintiff and the defendant regarding the visitation right, and the age, gender, living environment, present situation, etc. of the principal of the case, it is reasonable to determine the schedule and method of visitation right as stated in Paragraph 5 of the Disposition for the emotional stability and welfare of the principal.

3. Conclusion

Therefore, the plaintiff's claim for divorce of the principal lawsuit and the defendant's counterclaim divorce claim are accepted for each reason, and the plaintiff's claim for consolation money and the defendant's counterclaim consolation money are dismissed for each reason. It is decided as above with regard to the designation of the child and the guardian, the delivery of the principal KimCC in the case, the child support, and the visitation right.

Judges Kim Jong-ok