209dden30935 (Divorce) Divorce

209ddan36131 (Counterclaim) Divorce and consolation money

쩐□■■■ ( xxxxxx - xxxxxxx )

Busan Shipping Daegu 00 Dong-dong

The place of service Kimhae-si 00 00 Dol Industries

Nationality Vietnam

Attorney Lee Jae-sung, Counsel for the defendant-appellant

공익법무관 ◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇◇

김♥ ( xxxxxx - xxxxxxx )

Busan Shipping Daegu 00 Dombl Dom-gu Dombl

Busan Shipping Daegu 00 Dol-gu, Busan Dol-gu

Attorney Park Jae-won, Counsel for the plaintiff-appellant

Attorney Lee So-young, Counsel for defendant

1. 김♥▦ ( xXXXXX - XXXXXXX )

2. Kim○ (xx -xx -xx x).

The address of the principal of the case, Busan Shipping Daegu 00 - Do governor

Busan Maritime Transportation Daegu 00 dong

May 19, 2011

June 30, 2011

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

2. The plaintiff (Counterclaim defendant) is to pay consolation money to the defendant (Counterclaim plaintiff) as 3,00,000 won and its related amount.

11. From June 30, 201 to June 30, 201, 5% per annum and 20% per annum from the next day to the day of full payment.

3. The plaintiff's claim for divorce against the principal lawsuit and the remaining counterclaim damages are all dismissed.

4. The person with parental authority of the principal of the case shall be jointly designated as the Defendant (Counterclaim Plaintiff) and the Defendant (Counterclaim Plaintiff) and the custodian as the Defendant (Counterclaim Plaintiff).

5. The plaintiff (Counter-Defendant) may visit the principal of the case at the place where the plaintiff (Counter-Defendant)'s residence or the plaintiff (Counter-Defendant)'s (Counter-Defendant) may be responsible for seven days during the summer and winter vacation period, after the principal of the case entered each elementary school from 0:0 to 18:00, and the principal of the case entered each elementary school.

6. The costs of lawsuit are assessed against Plaintiff (Counterclaim Defendant) and Defendant (Counterclaim Plaintiff). The remainder is assessed against Plaintiff (Counterclaim Defendant).

7. Paragraph 2 can be provisionally executed.

In the principal lawsuit: Plaintiff (Counterclaim Defendant, Plaintiff hereinafter referred to as Plaintiff) and Defendant (Counterclaim Plaintiff; Defendant hereinafter referred to as Defendant hereinafter referred to as “Defendant”) raise an objection.

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

Counterclaim: The plaintiff shall be divorced from the defendant. The plaintiff shall be a consolation money of five million won and a half of this.

It shall pay 20% interest per annum from the day after the delivery of a copy of the complaint to the day of complete payment.

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

1. Facts of recognition;

(a) Marriage and children: the principals of this case under the reporting of marriage on February 17, 2006, and under the chain thereof;

B. On February 17, 2006, the Plaintiff of Vietnam filed a marriage report with the Defendant on the introduction of an international marriage company, and entered the Republic of Korea on May 12, 2006 and started a marital life.

다. 2009. 2. 경 피고가 인천 소재 아파트 공사현장에서 일을 하기 위해 인천으로 가자 원고는 시댁에 들어간 지 하루만에 사건본인들을 데리고 집을 나갔고, 2009. 3. 경 피고가 수소문하여 데려왔으나 다시 하루만에 사건본인들을 두고 집을 나갔다 .

D. Accordingly, on March 30, 2009, the Defendant reported withdrawal to the Plaintiff, and around October 2009, the Plaintiff sent the Defendant a content-certified mail to the effect that he would be held legally responsible for verbal abuse, assault, or verbal abuse from the Defendant’s male punishment system, and then filed the instant principal suit on the 19th of the same month. Since the Plaintiff’s house was located, the instant principal is fostering of the Defendant.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 8 (including branch numbers), the purport of the whole pleadings; 2. Determination as to the claim for divorce of the principal lawsuit, counterclaim divorce, and consolation money

A. In light of the fact that the failure of the marriage and the defendant in the marriage want the divorce as the main claim and counterclaim, it is deemed that the marriage between the plaintiff and the defendant has been no longer reached to the extent that it is difficult to recover it.

B. The party's assertion that the failure is responsible (1)

① The Plaintiff asserts that the Defendant’s property and family relations were different from those of the Defendant at the time of marriage, and ② that the Plaintiff got home from the Defendant and his family members on the ground that the Plaintiff was born from Vietnam and was treated unfairly by verbal abuse, assault, etc.

On the other hand, the defendant asserts that ① the plaintiff excessive international telephone rate of KRW 2,40,00 won was imposed during the tin month, ② the father dieded by false statement that he received KRW 1,00,000,00 from his father. ③ The defendant stolen the plaintiff's mother's plaque even though he provided economic support, such as remitting the amount of KRW 3,00,000 to his father's father, and the defendant did not return to his mother's plaque, and ④ the current marital relationship was broken down due to the plaintiff's responsibility, such as living together with another male.

(A) First of all, it is not sufficient to recognize the circumstances asserted by the Plaintiff as the cause of the principal divorce claim only by the statement of health account, Gap evidence No. 4, and there is no other evidence.

B) Next, in light of the facts alleged by the Defendant as the cause of the counterclaim divorce and consolation money claim, it is difficult to recognize the fact that the Plaintiff made an international telephone somewhat excessively excessive in full view of the overall purport of the pleadings as a result of the fact inquiry by this court, but it is difficult to hold the Plaintiff liable for one-time settlement by either party of an international marriage. ② The Plaintiff received 1 million won or more after her father died of her father, or her mother was living together with another man, or stolen the Defendant’s mother’s her mother’s her mother’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

However, the plaintiff himself thought that he would be economically helpful to her at the time of marriage, and tried to work as he was married with the defendant, but he did not have economic help to her as much as her thought (the reply of January 19, 2010), and there was a conflict between the defendant and the defendant demanding that he be able to more faithful to her family affairs, such as raising the principal in this case, and it seems that the plaintiff was her home at the end of such conflict.

Even if the circumstances of the Plaintiff’s house are the same as above, the Plaintiff should have made efforts to resolve conflicts, such as sufficiently communicating with the Defendant and seeking understanding. Although the Defendant appears to have provided a certain amount of money to the Plaintiff’s friendship even if the Plaintiff wants, the Plaintiff appears to have failed to fully make such efforts in light of the fact that the Defendant did not return to the Plaintiff’s house immediately after the establishment of the office in Incheon as a business relationship, and that the Plaintiff did not return to Incheon. (C) In full view of these circumstances, the Plaintiff’s objective evidence of unfair treatment, such as verbal abuse, assault, etc., of the Plaintiff’s assertion, is not submitted, it is judged that the Plaintiff is relatively liable for the failure of a marital relationship between the Plaintiff and the Defendant.

C. The amount of consolation money to be paid by the Plaintiff: 3,00,000 won, and damages for delay thereof, which are relatively heavy for the failure of a matrimonial relationship, are liable to the Defendant for the mental suffering caused by divorce.

In addition, when considering the marriage period of the plaintiff and the defendant, the reason why the failure occurred, etc., it is reasonable to determine the amount of consolation money at three million won.

D. Sub-committee

Therefore, the plaintiff is divorced from the plaintiff by counterclaim, and the plaintiff is obligated to pay to the defendant the consolation money of 3 million won and the plaintiff with 5% per annum as stipulated in the Civil Act from December 11, 2009 to June 30, 201, which is the date when the dispute over the existence and scope of the plaintiff's performance obligation is rendered, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Designation of a person with parental authority and a custodian, and visitation right.

A. In full view of the facts revealed in the arguments of this case, including the fact that the defendant continued to raise the principal of this case, and the age of the principal of this case, it is determined that the designation of the person in parental authority of the principal of this case jointly with the plaintiff and the defendant is compatible with the welfare of the principal of this case. Thus, the person in parental authority over the principal of this case and the defendant jointly designated the person in parental authority

B. As long as the defendant is designated as the guardian of the principal of this case, the non-nurber plaintiff has the right to interview the principal of this case. Considering the facts acknowledged as above and the age, gender, living environment of the principal of this case, and the present situation of the plaintiff, it is reasonable to determine the frequency, time, and method of interview as stated in Paragraph 5 of this case for the psychological stability and welfare of the principal of this case, and the defendant must actively cooperate and respond to the plaintiff's visitation for the emotional stability and welfare of the principal of this case.

4. Conclusion

Therefore, the defendant's counterclaim divorce claim and the consolation money claim within the above recognized scope shall be accepted for the reasons, and the other counterclaim consolation money claim shall be dismissed for the reason that there is no reason. It is so decided as per Disposition with regard to the principal lawsuit and the counterclaim custodyer's designation, and visitation right.

For the remaining judge