2014D 15985 Divorce, etc.

ThisA (************ 2************))

Busan Address

reference domicile Gyeong-nam

Attorney Lee Do-young

KimB (**************************))

Busan Address

Standard place of registration:

Attorney Lee Do-young

1. KimCC (********* 4*********))

2. KimD (********* 3*********))

The address of the case principal Busan

Busan District Court Decision 200

November 5, 2015

December 17, 2015

1. The plaintiff and the defendant are divorced.

2. The Defendant shall pay to the Plaintiff 10,00,000 won as consolation money and 15% interest per annum from December 18, 2015 to the day of full payment.

3. The defendant shall pay to the plaintiff 45,00,000 won with 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of complete payment.

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

5. From December 18, 2015, the Plaintiff paid to the Defendant a monthly amount of KRW 300,000 per head of the instant principal from December 18, 2015 to the day before the principal of the case becomes adult.

6. The plaintiff may visitation the principal of the case as follows until the principal of the case becomes adult.

(a) schedule;

1) The second, the fourth Sundays 10:0 to 18:00

2) During the summer and winter vacation period of the principal of this case, each of the four stuffs determined by the plaintiff and the defendant through consultation (the first day: 10: 00 to the last day: 00).

(b) Place and method;

The method by which the plaintiff and the plaintiff will hear the case principal's residence or the place determined by the defendant in consultation with the plaintiff and take them back after conducting the visitation right at the place desired by the plaintiff.

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

8. The total cost of the lawsuit shall be borne individually by each party.

9. Paragraphs 2 and 5 can be provisionally executed.

The defendant shall pay to the plaintiff 50,00,000 won with 20% interest per annum from the day after the judgment of this case to the day of full payment. The defendant shall pay to the plaintiff 52,190,000 won with 20% interest per annum from the day after the judgment of this case to the day of full payment. The plaintiff shall be appointed as the person with parental authority and the guardian of the principal of this case. The defendant shall pay to the plaintiff 50,000 won per each principal of this case from the day after the day when the judgment of this case is rendered to the plaintiff as child support of the principal of this case until the day when the principal of this case becomes full payment.

1. Determination on the claim for divorce and the claim for consolation money

A. Facts of recognition

1) The plaintiff and the defendant were married on April 28, 2008 and were born between the two persons, KimCC (*******.**.*******.) and KimD (****.**.**.**.).

2) On January 1, 2010, the Defendant invested KRW 10 million and KRW 30 million around March 2012, without the Plaintiff, and suffered losses. The Defendant borrowed KRW 25 million from the Defendant Company with the loan from the deposit money to the deposit money, and used it to repay the loss as above.

3) The Plaintiff held the Defendant’s mobile phone Kakaogle on the Defendant’s external map, and the Defendant: (a) around July 2014, 2014, sent the Defendant with the wind; (b) sent the Defendant with the mind of finding the Defendant; and (c) drafted a written confirmation of the contents of the Defendant’s mobile phone Kakaogle.

4) On July 25, 2014, the Plaintiff and the Defendant asserted that the Plaintiff copied the Defendant’s mobile phone Stockholm text, and the Defendant reported the 112 report and sent to the police.

5) On July 26, 2014, the Plaintiff was living in her natives while living in her natives, and has been living until now. The Defendant raised the instant principals from around that time to that day.

[Grounds for Recognition] Gap evidence 1 to 6, Gap evidence 8 and 9, and Gap evidence 13 to 17 (each provisional lot number)

entry and change of each entry in the family investigation report prepared by the family investigator;

The purpose of the whole theory

B. Determination

According to the above facts, the marriage between the plaintiff and the defendant caused losses due to the defendant's exclusive stock investment and fraudulent acts, etc., which constitutes a reason for divorce under Article 840 (1) and (6) of the Civil Code, and thus, the plaintiff's claim for divorce is justified.

Furthermore, since the marriage relationship between the plaintiff and the defendant has reached a failure due to the above reasons attributable to the defendant, and it is clear that the plaintiff has suffered mental loss, the defendant is obligated to pay consolation money to the plaintiff. Considering the marriage period of the plaintiff and the defendant, the circumstances leading up to the failure of the marriage, the degree of the failure of the marriage liability, the economic ability of the defendant, etc., it is reasonable to determine consolation money in 10,000

Therefore, the plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff the consolation money of 10,00,000 won as consolation money and the damages for delay calculated by the ratio of 15% per annum from December 18, 2015 to the day of full payment, as requested by the plaintiff, from December 18, 2015 to the day of full payment.

2. Determination on the claim for division of property

(a) Details of property formation;

1) The Defendant was engaged in economic activities while entering the Manoman Motor Vehicle Company during the marriage life.

2) The Plaintiff was a full-time employee in charge of raising the principal of the instant case and household affairs during the marriage period.

3) The plaintiff and the defendant currently live in Busan***********,* Dong** Dong*** Dong********** (* Dong,******* apartment) have resided in the lease deposit amount of KRW 170,00,00 and have received the lease loan of KRW 80,00,00 from the national bank at the time of the occupancy of the above apartment.

(b) Property and value to be divided;

1) Property to be divided: Each property described in the attached Form in the list of property to be divided.

2) The value of the property to be divided;

① Plaintiff’s net property: 7,798, 716 won

② The Defendant’s net property: 130, 481, 043 won

③ Total amount of net property of the Plaintiff and the Defendant: KRW 138,279,759.

[Ground of recognition] Gap evidence Nos. 7, Eul evidence Nos. 7, and Eul evidence Nos. 7, and each response of Fuden social life insurance, MG damage insurance, Muz fire insurance, Samsung life insurance, modernized accident coverage, the results of inquiries into the Emphian Motor Corporation, the purport of the whole pleadings, and the purport of the whole arguments.

C. The parties’ assertion and judgment

Defendant’s outstanding balance of KRW 25,00,000, 000 which was loaned by the Company for the purposes of the deposit money;

24, 00, 000 won and the balance of loans in the Bank Myp Savings Account shall also be included in a small property. However, the Defendant is a person who used the money loaned under the pretext of a deposit account only for the repayment, etc. of loans in the Myppbook loan due to a loss of investment in stocks and did not use the money as a deposit account. In light of the above facts, it is difficult to recognize that the balance of loans in the above company and the balance of loans in Korea and KRW 39,383,621 are included in a small property, and there is no evidence to acknowledge this.

(d) Ratio and method of division of property;

1) Division ratio: Plaintiff 40%, Defendant 60%

[Ground of determination] The degree of contribution of the Plaintiff and the Defendant to the formation and maintenance of the property subject to division, the process, duration, and distress of the marital life, the age and occupation of the Plaintiff and the Defendant, and other circumstances surrounding the argument in this case

2) The method of division of property: Property in the name of the Plaintiff and the Defendant shall vest in the name of the respective owner, and the portion that falls short of the ratio of division of property shall be paid in cash.

3) The remainder of the division of property that the Defendant shall pay to the Plaintiff: 45,00,000 won

【Calculation Form】

① The Plaintiff’s share according to the division ratio of property among the Plaintiff and Defendant’s net property

Net property division ratio of 138, 279, 759 Won X property division ratio of 40% = 55, 311, 903 won

(2) Amount calculated by deducting the Plaintiff’s net property from the money in the above paragraph (1)

47, 513, 187 won ( = 55, 311, 903 - 7, 798, 716)

③ Division of property that the Plaintiff shall pay to the Defendant

② The amount set forth in the above paragraph is less than 45,00,000 won

E. Sub-committee

Therefore, the defendant is obligated to pay the plaintiff 45,00,000 won as division of property and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from the day following the day when the judgment of this case is finalized to the day of full payment.

3. Determination on designation of a person with parental authority and a custodian, child support, and visitation right

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

Considering all the circumstances revealed in the arguments of this case, such as the fact that the defendant currently raises the principal of this case, the investigation of the child care environment for designating a person with parental authority and a person with custody for the designation of a person with parental authority and a person with custody for the principal of this case, and the situation indicated in the "in-depth parent education", it is reasonable to designate the defendant as a person with parental authority and a person with custody for the principal of this case for the smooth growth and welfare of the principal of this case, taking into account all the circumstances shown in the arguments of this case, such as the marital life and failure of the plaintiff and the defendant, the age, gender

(b) Child support;

Considering the fact that the defendant raises the principal of the case independently, and the plaintiff is the head of the business before and after the childbirth of the principal of the case, currently preparing for the public official examination, the age and health conditions of the principal of the case, the situation and circumstances of fostering the principal of the case, the situation and circumstances of fostering the plaintiff and the defendant, the income and property status of the plaintiff and the defendant, the equity of burden, and the child support calculation guidelines enacted and published by the Ulsan Family Court, etc., the plaintiff is obligated to pay to the defendant 300,000 won per person of the case as child support from December 18, 2015 until the day when the principal of the case becomes adult.

C. 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 6 of the Disposition for the emotional stability and welfare of the principal.

4. Conclusion

Therefore, the plaintiff's claim for divorce and the claim for consolation money within the above recognized scope is justified, and the remaining claim for consolation money of the plaintiff is dismissed as it is without merit. It is so decided as to the claim for division of property, designation of parental authority and guardian, child support and visitation right as above. It is so decided as per Disposition.

Judges Lee Jae-soo