2016drid21164 Divorce, etc.

A (Woo 1979 et al.)

Busan Address

Busan District Court

Attorney Lee Do-young

1. B (the birth in 1977, the remaining person);

Busan Address

Busan District Court

2. Sick:

Busan Address

Law Firm Doz.

A person shall be appointed.

Busan District Court

September 19, 2017

October 17, 2017

1. The plaintiff and the defendant Eul are divorced.

2. The plaintiff

A. Defendant B shall pay 30 million won as consolation money and 15% interest per annum thereon from November 27, 2016 to the day of full payment. B. Defendant C shall jointly pay 20 million won out of the said money with Defendant B and 5% interest per annum from November 30, 2016 to October 17, 2017; and 15% interest per annum from the following day to the day of full payment.

3. The plaintiff's remaining claims against the defendant Byung are dismissed.

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

5. The costs of lawsuit shall be borne by the Defendants.

6. Paragraph 2 can be provisionally executed.

Text 1 and paragraphs 1 and 4 of this case and the defendants shall each plaintiff KRW 30 million and the copies of the complaint in this case.

It shall pay 15% interest per annum from the day after this service to the day of full payment.

1. Facts of recognition;

A. On December 2010, the Plaintiff and Defendant B had the principal of the case as the husband and wife who reported their marriage around December 2010.

B. Around 2012, Defendant C was aware of the fact that the Defendant C was a guest and the Defendant B, and the Defendants came to engage in a sexual intercourse by developing it into a personal relationship thereafter. Around June 2015, the Defendants’ relationship continued until the Defendant B left China.

C. The Plaintiff became aware of the relationship with the Defendants around September 2016, and thereafter filed the instant lawsuit (based on recognition), and the respective descriptions of Gap 1 through 5, 10, and Eul 1, 2, and 3 and the purport of the entire pleadings and arguments.

2. Determination on the claim for divorce

According to the above facts of recognition, the marriage between the plaintiff and the defendant Eul was broken down due to the above misconduct of the defendant Eul, which constitutes grounds for judicial divorce under Article 840 subparagraph 1 of the Civil Code.

Therefore, the plaintiff's claim for divorce is reasonable.

3. Determination on the claim of consolation money

According to the above, since the marriage between the plaintiff and the defendant Eul has ceased due to the defendants' unlawful acts, the defendants are obligated to pay consolation money to the plaintiff accordingly, and considering the various circumstances shown in the pleadings of this case, such as the plaintiff and the defendant Eul's marital life, the situation leading up to the failure of the marriage, family relation, and the degree of unlawful act, the amount of consolation money shall be determined as KRW 30 million, the defendant Eul and the defendant Byung shall be KRW 20 million.

Therefore, as the Plaintiff seeks, Defendant B shall pay as consolation money the amount of KRW 30 million with 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 27, 2016 to the date following the day on which the copy of the complaint of this case was served to Defendant B, and Defendant C shall jointly pay damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 27, 2016 to the day on which the copy of the complaint of this case was served to Defendant C, as requested by the Plaintiff, and as to this, Defendant C shall be jointly liable to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from November 30, 2016 to the day following the day on which the copy of the complaint of this case was served to Defendant C, and as to the day of full payment, from the next day to the day of the judgment of this case, by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

4. Determination on the request for designation of a person with parental authority and a custodian

Considering the various circumstances indicated in the pleadings of the instant case, such as the age, parenting of the principal of the instant case, and the marital life and distress of the Plaintiff and Defendant B, it is suitable for designating the Plaintiff as a person with parental authority and custodian of the principal of the instant case.

5. Conclusion

The claim for divorce and the claim for consolation money against the defendant Eul is justified. The claim against the defendant Byung is accepted within the scope of the above recognition, and the remaining claim is dismissed for lack of reasonable grounds. The claim for divorce and the designation of the person with parental authority and the person with custody shall be determined as above.

Judges Park Young-young