Plaintiff (Attorney Lee Jae-min et al., Counsel for the plaintiff-appellant)

Defendant (Law Firm Beneficiary, Attorneys Shin Dong-ho et al., Counsel for defendant-appellant)

Principal 1 et al.

October 26, 2016

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay to the plaintiff 30 million won consolation money with 5% interest per annum from January 25, 2016 to November 9, 2016, and 15% interest per annum from the next day to the day of complete payment.

3. The plaintiff's remaining claim for consolation money is dismissed.

4. Division of property;

A. Upon receiving KRW 175 million from the Plaintiff, the Defendant performed the registration procedure for transfer of ownership on the real estate stated in the attached Table 1 list to the Plaintiff for division of property on the ground of the fixed date of this judgment.

B. The Plaintiff shall pay KRW 175 million to the Defendant at the same time upon receipt of the registration procedure for transfer of ownership based on the division of property from the Defendant with respect to the real estate indicated in the separate sheet No. 1 list.

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

6. The defendant shall pay to the plaintiff 2 million won per month from January 2016 to (1 omitted) the child support of the principal of the case, and one million won per month from the next day to the (2 omitted).

7. Of the costs of lawsuit, 2/5 are assessed against the Plaintiff, 3/5 are assessed against the Defendant, respectively.

8. Paragraphs 2 and 6 of this Article may be provisionally executed.

The plaintiff shall be divorced with the defendant. The defendant shall pay to the plaintiff 50 million won with 15% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment. The defendant shall pay to the plaintiff 424,050,000 won as division of property and 15% interest per annum from the day following the day when the judgment of this case became final to the day of complete payment. The plaintiff shall be designated as a person with parental authority and guardian of the principal of this case. The defendant shall pay to the plaintiff 1,00,000 won per head of this case as child support for the principal of this case from the day after the copy of the complaint of this case is served to the day when the principal of this case is fully paid.

1. Basic facts

A. On May 15, 1997, the Plaintiff and the Defendant completed the marriage report, and under the chain, the instant principal 1 (date of birth 1 omitted) and the instant principal 2 (date of birth 2 omitted) were placed.

B. After the report of marriage, the Plaintiff continued to engage in economic activities as a high school education teacher, and the Defendant worked for Nonparty 3 Co., Ltd. from March 5, 2001 to May 19, 2004, from Nonparty 4 to May 30, 2004, from May 24, 2004 to April 30, 2009, and thereafter, from the latter part of 2011 to the latter part of Nonparty 6 Co., Ltd.

C. In 2014, the Defendant came to know Nonparty 1 at the end of the horse club and brought her remainder regularly. On December 6, 2015, the Plaintiff became aware of the Defendant’s sexual relationship with Nonparty 1 from the Defendant’s vehicle.

라. 원고는 2015. 12. 9. 소외 1에게 ○○○○ 메시지를 통해 2015. 12. 6. 피고의 차 안에서 성관계를 가진 것에 대하여 묻자 처음에는 ‘몬가 대단히 잘못 알고 있나본데, 나를 첨부터 성폭행한건 댁 남편이세요. 그리고 그 날도 안 만나려고 했는데 세시간이나 밖에서 기다렸다고 해서 예의상 만나드린거고. 제가 피해자라는 것만 아세요. 남편이 제비에 사기꾼이 아니라면 이런 식으로 톡 보내지 마시고요’라고 답을 보냈다. 원고가 이에 대해 피고가 소외 1을 성폭행한 것이 아니었다고 주장하며 혼인파탄에 대한 책임을 묻겠다는 취지의 메시지를 보내자, 소외 1은 원고에게 ‘그럼 피고씨랑 합의이혼 하세요. 다주고 몸만 나오라고 할께요. 어차피 나도 그럴거니까, 피고씨랑 이혼하시면 저도 남편이랑 이혼할께요.’라는 메시지를 보냈다.

[Ground of recognition] Facts without dispute, Gap 1 through 10 evidence, Eul 9 evidence (including each number), family investigation report and the purport of whole pleadings by family investigation officers

2. Determination on the claim for divorce and consolation money

According to the above facts, it is reasonable to view that the defendant committed an unlawful act with the non-party 1 during the period of marriage, and that the marriage between the plaintiff and the defendant was no longer broken down to the extent that it is impossible to recover. This constitutes grounds for divorce under Article 840 subparagraph 1 of the Civil Act.

Furthermore, the defendant, who is mainly responsible for the dissolution of marriage, has a duty to avoid the mental suffering suffered by the plaintiff. The amount shall be determined at KRW 30,000,000, taking into account all the circumstances shown in the arguments in this case, such as the period and reason why the marriage of the plaintiff and the defendant were broken down, the contents and period of the defendant's misconduct, the degree of liability, the age, occupation and family

3. Determination as to the claim for division of property

(a) Property and value subject to division: The same shall be as indicated in the attached Form 2 detailed statement of property division (as long as the retirement allowances for public officials anticipated by the plaintiff in the future are included in the property division subject to division, there is no room to apply Article 462-3 of the Public Officials Pension Act after the divorce of this case pursuant to Article 46-4 of the same Act).

B. Judgment on the defendant's assertion

Since the Defendant borrowed KRW 100,000 from Nonparty 2 during the marriage period to KRW 33,300,00,000, the Defendant asserted that the Defendant still remains liable for KRW 1500,000,000. According to the statement of KRW 8-1 and KRW 2, and the Financial Transaction Information Council of the National Bank of Korea dated May 16, 2016, Nonparty 2 transferred KRW 10,000 to Nonparty 3,00,000,000 to Nonparty 2,000,000 won, and the Defendant transferred KRW 2,50,000,000 to Nonparty 2,000,000,000 to Nonparty 3,000,000,000 won to Nonparty 2,000,000 won to Nonparty 1, 206,000,000 won to Nonparty 1, 2014.

(c) The ratio and method of division of property;

1) Division ratio of property: Plaintiff 55%, Defendant 45%

[Ground for determination] As seen earlier, the Defendant’s mother supported the Plaintiff and the Defendant several times with KRW 156 million. However, the Defendant also remitted the monthly amount of KRW 350,000 to the end of November 2012 (from December 30, 2013 to March 30, 2014), the transfer of KRW 333,00 won over three times October 3, 2013, the Defendant retired from the Defendant’s company, and there was no particular income during the period of qualification as a professional engineer from May 2, 2009 to the Defendant. On the contrary, the Plaintiff’s assertion that the Plaintiff’s salary would be equal to KRW 57 million, including the Plaintiff’s total amount of the Plaintiff’s salary to KRW 350,000,000,000,000 for the Defendant’s occupation and retirement benefits, and the Plaintiff’s wage would be more active than the Defendant’s occupation and retirement benefits.

2) A method of division of property: In light of the name and form of the property subject to division, acquisition details, convenience of division, etc., the Defendant shall have the Plaintiff transfer the share of 1/2 out of the apartment of this case to the Plaintiff, and accordingly, shall have the Plaintiff pay in cash the shortage of the amount ultimately attributable to the Defendant.

3) Property division amount to be paid by the Plaintiff to the Defendant

[Calculation Form] ① The share of the defendant according to the ratio of division of property among the net property of the plaintiff and the defendant

Total net property of the Plaintiff and the Defendant 1,041,059,664 won ¡¿ 45% = 468,476,848 won

② Property division amount to be paid by the Plaintiff to the Defendant as the Defendant transferred 1/2 of the instant apartment to the Plaintiff: KRW 175 million, which lowers the following amounts:

468,476,848-(560,393,334-267,50,000) =175,583,514 won

D. Sub-determination

Therefore, as a result of division of property, the defendant is obligated to receive KRW 175 million from the plaintiff, and at the same time, to perform the registration procedure for share transfer based on the division of property with respect to the one-half share of the apartment of this case among the plaintiff, and the plaintiff is obligated to pay the defendant KRW 175 million to the division of property at the same time with the execution of the registration procedure for share transfer by the defendant.

4. Determination on the designation of a person with parental authority and a custodian, child support, and visitation right of the principal of the case

(a) Person with parental authority and custodian: to designate the plaintiff;

[Ground for determination] The plaintiff mainly raises the principal of the case, taking into account various circumstances, such as the situation where the principal and the defendant's failure of marriage, the background leading up to the failure of marriage, the parenting environment, the age of the principal of the case, gender

(b) Child support;

From January 25, 2016 to the day immediately preceding the day when the principal of this case was served with a duplicate of the complaint as child support to the Plaintiff, the Defendant is obligated to pay 2 million won per month from January 25, 2016 to the day immediately preceding the day when the principal of this case becomes adult (date 1 omitted), and one million won per month from the next day to the day before the day when the principal of this case becomes adult (date 2 omitted).

[Ground of determination] The Plaintiff and the Defendant’s age, occupation and income ability, property, age and status of custody of the principals of the case, and the calculation standard table of child support published on May 30, 2014, etc.

5. Conclusion

Therefore, the claim for divorce of this case is accepted on the grounds of the above recognition, and the claim for consolation money is accepted on the grounds of the reasons within the above recognition scope, and the remaining claims are dismissed on the grounds of no reason. It is so decided as per Disposition with regard to the division of property, the designation of a person with parental authority and a custodian of the case,

[Attachment]

Judges Choi Jin-ju (Presiding Judge)