2018Dhap200030 (principal lawsuit) Divorce and consolation money

2018Dhap200047 (Counterclaim), divorce, consolation money, etc.

A

Section B.

1. Sick:

2. Fixedness;

June 25, 2020

August 20, 2020

1. The plaintiff (Counterclaim defendant) and the defendant (Counterclaim plaintiff) shall be divorced by counterclaim.

2. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) 10,000,000 consolation money with 5% per annum from February 13, 2018 to August 20, 2020, and 12% per annum from the following day to the date of full payment.

3. The plaintiff (Counterclaim defendant)'s claim for divorce and consolation money, and the remaining counterclaim consolation money of the defendant (Counterclaim plaintiff) are dismissed, respectively.

4. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 175,549,00 won as division of property and 5% per annum from the day following the day this judgment became final and conclusive to the day of full payment.

5. Designation of the Defendant (Counterclaim Plaintiff) as a person with parental authority and custodian of the principal of the case.

6. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. Payment of 30,00,000 won with the previous child support of the principal of the case and 5% per annum from the day following the day when this judgment became final and conclusive to the day of complete payment;

B. From August 21, 2020 to September 11, 2029, the instant principal’s future child support amounting to KRW 1,500,000 per month, and each payment shall be made on the last day of each month from the following day to April 22, 2032.

7. The plaintiff (Counterclaim defendant) may visit the principal of the case as follows until the principal of the case becomes adult. The defendant (Counterclaim plaintiff) shall actively cooperate with the above visitation, and shall not interfere with this.

(a) Date: 18:00 on the first day of each month from 18:0 to 18:00 on Sundays; 2:3 days;

(b) Place and method: The method by which the Plaintiff (Counterclaim Defendant) took part in the case principal’s residence or the place on which the Plaintiff (Counterclaim Defendant) consulted with the Defendant (Counterclaim Plaintiff) and took part in the visitation right at a place on which the Plaintiff (Counterclaim Defendant)’s residence or the Plaintiff (Counterclaim Defendant) may be responsible, and then take part in the case principal’s residence or the place on which the Defendant (Counterclaim Defendant) consulted with the Defendant (Counterclaim Plaintiff)

C. The Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) may change the schedule, place, method, etc. of the visitation right through prior consultation, and hold the visitation right by respecting the welfare of the principal of the case as much as possible.

8. The costs of lawsuit are assessed against the Plaintiff (Counterclaim Defendant) and the remainder, respectively, by the Plaintiff (Counterclaim Plaintiff).

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

The main lawsuit in the Gu office: The plaintiff (Counterclaim defendant; hereinafter referred to as the "Plaintiff") and the defendant (Counterclaim plaintiff; hereinafter referred to as the "Defendant") are divorced. The defendant shall pay the plaintiff 20 million won as consolation money, 20 million won as well as 12% interest per annum from the delivery date of the copy of the complaint of this case to the day of full payment. The defendant shall pay the plaintiff 276,922,949 won as division of property, and 276% interest per annum from the day following the day of this judgment to the day of full payment. The plaintiff shall be designated as the person with parental authority and the guardian of the principal of this case. The defendant shall pay the plaintiff 2 million won per month from the date of this judgment to September 11, 2029 as child support for the principal of this case, and from the next day to April 22, 2032, the defendant shall deliver the principal of this case to the plaintiff on the last day of every month.

○ Counterclaim: Section 1, Paragraph 5 of the Disposition and the plaintiff shall pay to the defendant 50,00,000 won as consolation money and 12% interest per annum from the day following the day of service of a copy of the counterclaim of this case to the day of complete payment, and shall pay to the defendant 409,165,428 won as division of property and the interest rate of 5% per annum from the day following the day of confirmation of this judgment to the day of complete payment. The plaintiff shall pay to the defendant 37,70,000 won as custody expenses of the principal of this case and the interest rate of 5% per annum from the day following the day of confirmation of this judgment to the day of full payment. The principal of this case shall pay at the expense of future rearing of the principal of this case from July 2020 to the day before the principal of this case reaches each adult age.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report in 2009, and have minor principals as their children.

나. 원고와 피고는 혼인기간 중 함께 운영하던 센터의 운영, 시댁과의 문제, 성격

The plaintiff experienced conflicts due to differences, and when there is a dispute, the plaintiff abused or abused the defendant.

C. Around November 2016, the Plaintiff, at home, abused the Defendant, and assaulted the Defendant by using verbal language, even around March 201 and April 2017, the Plaintiff used both sides of the face and head of the Defendant’s body at several times, and walking the vessel and bridge at several times.

D. Around May 2017, the Defendant went to work together with the principal of the case, and filed a lawsuit seeking judicial divorce against the Plaintiff. The Defendant, upon the Plaintiff’s perception, voluntarily withdrawn the said lawsuit on July 8, 2017.

E. Around June 2017, the Plaintiff and the principal of the case were directors in Busan, along with the Defendant and the principal of the case. The Plaintiff, even after the directors, abused the Defendant.

F. The Defendant went to work together with the principal of the case around September 2017, and the Plaintiff and the Defendant were living separately from that time until that time.

G. On September 26, 2017, the Plaintiff filed the instant principal lawsuit, while the Defendant filed the instant counterclaim on December 29, 2017.

H. On March 5, 2020, the Plaintiff received a summary order on the charge of assaulting the Defendant four times as described in the above sub-paragraph (c).

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3, Eul evidence Nos. 3, 10 through 12 (each number is included; hereinafter the same shall apply), family fact investigator's report, and the purport of the whole pleadings

2. Determination on the claim for divorce and consolation money

A. A counterclaim divorce claim: A ground under Article 840 subparag. 3 and 6 of the Civil Act exists.

B. Claim for solatium consolation money: KRW 10 million shall be recognized. The principal lawsuit shall be divorced and consolation money shall be claimed: None of the grounds therefor.

【Reasons for Determination】

① Recognition of the failure of marriage: In addition to the above fact of recognition, both the Plaintiff and the Defendant want to proceed to divorce as the principal lawsuit and counterclaim. From September 2017, the Plaintiff was separated from each other, and the Plaintiff’s loss of trust on each other is expected to have no possibility to continue the marriage life in the future. Considering the various circumstances, the Plaintiff is mainly responsible for the failure of marriage: (2) The Plaintiff controlled and threatened the Defendant by verbal abuse, assault, etc., rather than making efforts to understand and overcome the conflict through dialogue and communication with the Plaintiff, rather than making efforts to understand and overcome the conflict in the conflict, and the relationship between the Plaintiff and the Defendant is deemed to have been destroyed by the Plaintiff’s principal mistake.

The Plaintiff asserted that the Defendant committed an act with the Plaintiff’s franchise and committed an act with the Plaintiff, which led to the failure of the marriage of this case. However, the evidence submitted to this court is insufficient to accept it, and there is no other evidence to acknowledge it. The Plaintiff’s assertion is not acceptable.

③ The duty to pay consolation money: The Plaintiff is obligated to pay consolation money for mental distress sustained by the Defendant due to the failure of the matrimonial relationship. The amount shall be 10,000,000 won, taking into consideration all the circumstances shown in pleadings, such as the cause and degree of responsibility of the Defendant due to the failure of the matrimonial relationship, and the marriage period, age, occupation, and economic power of the Plaintiff and the Defendant as seen earlier.

D. Sub-committee

Therefore, the plaintiff is divorced by counterclaim, and the plaintiff is obligated to pay to the defendant consolation money of KRW 10,00,000 as consolation money, and to pay damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, which is the date of the judgment that it is reasonable for the plaintiff to dispute as to the existence or scope of the obligation of performance from February 13, 2018 after the day of service of a copy of the counterclaim of this case.

3. Determination as to the claim for division of property

(a) Details about the formation and maintenance of property;

1) The Plaintiff leased real estate as set forth in paragraph (2) below during the marriage period, thereby making a profit from the lease, or operating the Center with the Defendant. The Defendant brought up the instant principal, while operating the said Center together with the Plaintiff.

2) Around September 2009, the Plaintiff purchased the instant site in KRW 1,490,00,000, and around October 2009, the Plaintiff constructed nine-story neighborhood living facilities on the ground of reinforced concrete structure and completed the registration of ownership preservation on the said land (hereinafter collectively referred to as “the instant facility real estate”). On October 30, 2009, the Plaintiff set up a mortgage on the maximum debt amount of KRW 1,820,000 with respect to the said real estate and received a loan from the bank. On November 11, 2013, the maximum debt amount of the said right to collateral security was changed to KRW 1,560,000,000 with respect to the leased property. The Plaintiff currently leased the said building.

3) On May 15, 2012, the Plaintiff established ○○○ Co., Ltd. (the trade name was changed from △△△, a stock company around July 2017; hereinafter referred to as “O”) for the purpose of management, business consulting, etc., and currently holds 90,000 shares out of 120,00 shares issued by the said company. The Plaintiff established △△ on February 15, 2017 for the purpose of beauty and health services, etc., and ○○ owns 100 percent of shares of the said company.

4) On April 26, 2017, the Defendant leased the instant apartment at KRW 50 million, monthly rent of KRW 1.8 million.

5) 원고는 2017. 7. 3. 헬스 교육 서비스업을 목적으로 하는 주식회사 (2019.4.26. 상호가 주식회사 ▲▲로 변경되었다, 이하 '●●'이라 한다)을 설립하였고, 피고가 현재 위 회사의 주식 100%를 보유하고 있다.

[Reasons for Recognition] The above evidence, Gap evidence Nos. 16 through 19, 29 through 33-1, 2, Eul evidence Nos. 4, 16, and 18, the family investigator's report, and the purport of the whole pleadings

(b) Property and value to be divided;

1) Property subject to division: Attached Table 1 is as indicated in the “Attachment 1” list of property subject to division (the subject and value of property division shall be determined as of the date of the closing of argument in this case: Provided, That in a case where consumption or concealment is easy as money and where there is a risk of overlapping if the standard point of time differs, it shall be presumed that the marriage has reached the failure as of September 18, 2017, and the subject and value of property division shall be determined by presumption that the amount of money exists as of September 18, 2017. However, if the Plaintiff and the Defendant make a statement on the value

(ii) the value of the property to be divided;

A) Plaintiff’s net property: -110,364,371 won

B) Defendant’s net property: KRW 240,734,606

C) Total amount of net property of the plaintiff and the defendant: KRW 130,370,235. Determination of the parties’ assertion

Attached Table 1 is as shown in the column of "the assertion and judgment of each party" in the attached Table 1 and the attached Table 2.

(d) Ratio and method of division of property;

1) Division ratio of property: Plaintiff 50%, Defendant 50%

[Ground for determination] The degree of contribution of the Plaintiff and the Defendant to the formation and maintenance of the property subject to division as above, and other factors such as the process and period of marital life, income, property, and economic power of the Plaintiff and the Defendant.

2) The method of division of property: Taking into account the parties’ intentions, the ownership, acquisition, and maintenance of the property subject to division, and the circumstances indicated in the instant pleadings, such as the ownership of the property subject to division before, and the progress of the acquisition and maintenance thereof, the part of the amount to be reverted to the Plaintiff according to the above division ratio is determined to be paid to the Plaintiff by the Defendant.

3) Property division amount that the Defendant shall pay to the Plaintiff: KRW 175,549,00.

[Calculation Form] ① The Plaintiff’s share of net property of the Plaintiff and Defendant according to the division rate of property

(2) An amount obtained by subtracting the Plaintiff’s net property from the amount under the above paragraph (1) 175,549,488 won [=65,185,117 won - - (110,364,371 won)]

[3] Division of property that the Defendant pays to the Plaintiff

② The amount under the above paragraph is 175,549,000 won which deducts a little amount

E. Sub-committee

Therefore, the defendant is obligated to pay the plaintiff 175,549,000 won as division of property and damages for delay calculated at the rate of 5% per annum as provided by the Civil Act from the day following the day when this judgment becomes final and conclusive to the day of full payment.

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

A. In full view of all the circumstances revealed in the arguments of the instant case, including the Plaintiff and the Defendant’s reason for the designation of a person with parental authority and the custodian, the marital life and failure of the Defendant, the friendly density with the principal of the instant case, the age of the principal of the instant case, the custody status up to the present time, and the intent

(b) Child support;

1) Occurrence of obligation to pay child support

The plaintiff, as his father, is responsible for fostering the principal of this case together with the defendant, is obligated to pay the child support for the principal of this case to the defendant.

2) Amount of past child support to be paid by the Plaintiff

The Plaintiff shall pay the past childcare expenses from September 2017 to August 20, 2020, which began to care of the principal of the case, from around September 2017, the date of this judgment. The Plaintiff shall determine the past childcare expenses of the principal of the case as KRW 30,000,00 in consideration of the marital life of the Plaintiff and the Defendant, the situation of fostering the principal of the case, the income, property, economic situation, the equity of burden, etc. during the above period.

Therefore, the plaintiff is obligated to pay to the defendant 30,000,000 won with the child support of the principal in the past and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from the day following the date this judgment becomes final and conclusive to the day of full payment.

3) Amount of future childcare expenses to be paid by the Plaintiff

The plaintiff shall pay to the defendant the amount of KRW 750,00 per capita of the principal of the case from the day following the date of this judgment to the day before the principal of the case reaches each adult age on the last day of each month. [Based on calculation] The age and custody status of the principal of the case, the age, occupation and income, property and livelihood of the plaintiff and the defendant, the intent of the parties

(c) Interview ex officio;

The Plaintiff, as a non-cushion-child, has the right to visitation with the principal of the case, unless it is contrary to the welfare of the principal of the case. Thus, considering all the circumstances revealed in the arguments of this case, such as the age, rearing status of the principal of the case, and the intent of the parties, the date, place, etc. of visitation shall

5. Conclusion

Therefore, the defendant's counterclaim divorce claim and counterclaim consolation money claim within the scope of the above recognition shall be accepted respectively for the reasons, and the remaining counterclaim damages claim and the plaintiff's principal lawsuit's divorce and consolation money claim shall be dismissed for each reason. It is decided as above with regard to division of property, designation of person with parental authority and custody, child support, and visitation right.

Presiding Judge, Park Jae-won

Judges Mobileho

Judges or Jae-young