2014drid23108 Divorce, etc.

A (************* 2**********))

Busan

Attorney Lee Do-young

3B (*************************))

Busan

2.CC (********** 2*********))

Busan

Attorney Lee Do-young

GoD (************ 2*********))

Address and Reference domicile as to the Plaintiff

July 21, 2015

August 25, 2015

1. The plaintiff and the defendant High-B shall be divorced.

2. As consolation money to the Plaintiff:

A. Defendant DaB shall pay 30 million won and 5% per annum from November 18, 2014 to August 25, 2015, and 20% per annum from the next day to the date of full payment. (b) Defendant CC shall jointly pay 8 million won and 5% per annum from November 18, 2014 to August 25, 2015, and 20% per annum from the next day to the date of full payment.

3. The plaintiff's remaining claims for consolation money against the defendants are dismissed, respectively.

4. Defendant DaB paid KRW 5 million to the Plaintiff with the child support of the principal of the case.

5. Of the costs of lawsuit:

A. The portion arising between the Plaintiff and the Defendant High-B is borne by Defendant High-B, and (b) the part arising between the Plaintiff and Defendant High-B is borne by each party.

6. Paragraphs 2 and 4 of this Article may be provisionally executed.

1. Judgment identical with the main sentence of paragraph (1);

2. The Plaintiff is consolation money; Defendant 50 million won for the Plaintiff; Defendant CC is both Defendant 1B and each of Defendant 1B

Of money, KRW 20 million and each of the above money shall be repaid from the day following the service of a copy of the complaint in this case.

By the day 20% interest per annum shall be paid.

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

4. Defendant DaB shall deliver to the Plaintiff a copy of the complaint of this case with the child support of the principal of this case.

By June 19, 2016, 800,000 won shall be paid on the first day of each month.

1. Determination on the claim for divorce and consolation money

A. The Plaintiff and Defendant 1B are legal couple who reported marriage on October 5, 1989, and the principal of the case was born between the two persons.

2) Defendant CC operated a restaurant with Busan***********************. Defendant DaB had been a customer to the above restaurant since several years, and Defendant HaB made an agreement to the effect that “I would like to talk with the Plaintiff on three occasions a week about May 5, 2013,” and that “I would like to consult with the Plaintiff on what I would like to see, “I would like to see I would like to see, from January 27, 2014, I would like to see, “I would like to spawn with a woman and to spawn,” respectively, and on August 14, 2014, I would like to prepare a letter to the effect that Defendant DaB would be faithful to her family and that I would like to spawn with her family members.”

4) Defendant DaB made a reply to the Plaintiff to the effect that Defendant DaB sold her eye for two months and sold her eye, but it would not make this case again again, and if so, she would have to proceed to divorce and consolation money in the same way. 5) The Defendants entered her mother with September 2014 at the same time. (6) The Plaintiff asserted that the Defendants committed unlawful acts for four years from October 31, 2014 to November 5 of the same year by phone to Defendant CC. Defendant CC repeatedly sent to the Plaintiff, citing that Defendant CC did not congested with Defendant DaB or engage in sexual intercourse.

7) The Plaintiff is currently living with the principal of the case.

[Grounds for recognition] Each entry of Gap evidence 1 to 8 (including each number), and the purport of the whole pleadings.

According to the above facts, it is reasonable to view that the defendants committed an unlawful act and thereby caused the failure to continue the marital relationship between the plaintiff and the defendant DaB. This constitutes grounds for divorce under Article 840 subparagraph 1 and 6 of the Civil Code. Thus, the plaintiff's claim for divorce is reasonable, and the defendants are jointly liable to pay consolation money to the plaintiff.

Furthermore, considering the amount of consolation money as to the amount of consolation money, Defendant 1B appears to have not been faithful to the family in addition to Defendant CC’s unlawful act, and the developments leading up to and degree of the Defendants’ unlawful act (e.g., the lack of evidence to know the content thereof), the marriage period between the Plaintiff and Defendant 1B, and the relationship between the Plaintiff and the Defendants after the instant lawsuit was filed, it is reasonable to set the amount of consolation money to be paid to the Plaintiff respectively to KRW 30 million, and Defendant CC to KRW 8 million out of the said money.

Therefore, the Plaintiff and Defendant DaB are liable to pay the Plaintiff consolation money with KRW 30 million to the Plaintiff, and Defendant DaB from November 18, 2014 on the day following the day on which the Plaintiff’s complaint was served to Defendant DaB, to the day immediately following the day on which the Plaintiff’s complaint of this case was served to Defendant DaB, to the day of August 25, 2015, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day until the day of full payment. Defendant CC is jointly with Defendant DaB, and the amount of damages for delay calculated by the Plaintiff from November 18, 2014 to the day following the day on which the copy of the complaint of this case sought by the Plaintiff was served to Defendant DaB, to the day of full payment of each of its obligations until August 25, 2015.

2. Determination as to the designation of a person with parental authority and a custodian and child support

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

Although the Plaintiff filed a claim for the designation of the Plaintiff as a person with parental authority or a custodian of the principal of the case, the principal of the case had already attained majority on June 19, 2015, and thus, the Plaintiff’s claim for this part is rejected.

(b) Child support;

Considering the fact that the Plaintiff appears to have solely raised the principal of this case from the time of filing the instant lawsuit to the present date, that the Defendant did not specifically respond to the Plaintiff’s claim, the marriage life and failure of the Plaintiff and Defendant DaB, the age and parenting of the principal of this case, and the economic capacity of the Plaintiff and the Defendant, etc., it is reasonable to pay KRW 5 million in total (the amount exceeding 700,000 won per month) from November 18, 2014, following the day when the copy of the instant complaint sought by the Plaintiff was served on Defendant DaB to the day before the principal of this case becomes adult, from November 18, 2014 to June 18, 2015.

3. Conclusion

Therefore, the plaintiff's claim for divorce is accepted on the grounds of the above recognition, and only part of the claim is accepted within the above recognition scope, without designating the person with parental authority and the custodian of the principal of the case who has already become adult, and with regard to child support, it is so decided as per Disposition.

Judges Kim Jong-ok