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(영문) 창원지방법원통영지원 2019.08.14 2019가단22035
청구이의
Text

1. The Defendant’s Changwon District Court Decision 2018Reuu10915 (Mains) and 2018Reu10922 (Counterclaim) against the Plaintiff on February 21, 2019.

Reasons

Basic Facts

On August 17, 2018, the following order was rendered between the original Defendant with respect to this Court case 2017ddan11612 (principal suit), 2018ddan10159 (Counterclaim).

1. In accordance with the principal lawsuit, the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are divorced.

2. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 15,00,000 consolation money with 5% per annum from August 8, 2017 to August 17, 2018; and 15% per annum from the following day to the date of full payment.

3. The plaintiff (Counterclaim defendant) pays to the defendant (Counterclaim plaintiff) the amount of 45 million won as division of property and 5% per annum from the day following the day of this judgment to the day of full payment.

4. To designate a person with parental authority and a custodian of the principal of the case as the plaintiff (Counterclaim defendant).

5. The Defendant (Counterclaim Plaintiff) shall pay the Plaintiff (Counterclaim Defendant) a monthly amount of KRW 400,000 per head of the instant principal from August 2018 to the time when each principal of the instant case becomes adult as the child support of the principal of the instant case.

8. The costs of lawsuit shall be borne by each person;

9.Paragraphs 2 and 5 may be provisionally executed.

The appellate court of the instant case rendered a judgment of change (the original District Court Decision 2018Reuu10915, 2018Reuu10922, hereinafter “instant judgment”) as follows, and the instant judgment became final and conclusive on March 9, 2019.

1. Of the judgment of the court of first instance, the part on the claim for division of the principal lawsuit and counterclaim shall be modified as follows:

The plaintiff (Counterclaim defendant) shall pay to the defendant (Counterclaim plaintiff) the amount of 55,400,000 won as division of property and the interest rate of 5% per annum from the day following the day this judgment became final and conclusive to the day of complete payment.

2. The remaining appeal by the Defendant (Counterclaim Plaintiff), the incidental appeal by the Plaintiff (Counterclaim Defendant), and the Defendant (Counterclaim Plaintiff)’s additional damages claim filed in this court are all dismissed.

3. The total costs of the lawsuit shall be borne by each person in combination with the principal lawsuit and the counterclaim.

The Plaintiff’s KRW 42,305,123 on April 15, 2019 and KRW 13,539,047 on July 17, 2019, respectively.

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