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(영문) 대전지방법원 서산지원 2017.01.10 2016가단54010
채무부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant commenced community life from November 2005, and completed the marriage report on May 20, 2009.

On February 14, 2013, the Plaintiff filed a lawsuit seeking a divorce against the Defendant with the Seosan Family Court of Daejeon. On May 20, 2013, the Defendant filed a counterclaim claiming a divorce, etc. against the Plaintiff. On February 11, 2014, the said court rendered a judgment that partly accepted the Plaintiff’s principal claim and the Defendant’s counterclaim.

The plaintiff and the defendant appealed against each of the above judgments.

B. On January 7, 2016, the Daejeon Family Court, the appellate court of the instant case, sentenced to the following judgment [the Daejeon Family Court 2014Reuuuu1025 (main lawsuit), 2014Reuuuu1032 (Counterclaim), hereinafter “instant judgment”). The Plaintiff and the Defendant appealed against each of the instant judgments, but the Supreme Court dismissed each of the instant appeals on May 12, 2016 (Supreme Court 2016Meu10313 (main lawsuit), 2016Meu10320 (Counterclaim)], and the instant judgment became final and conclusive on the same day.

1. The judgment of the court of first instance is modified as follows.

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

B. The Defendant (Counterclaim Plaintiff) pays to the Plaintiff (Counterclaim Defendant) 15 million won consolation money with 5% per annum from March 15, 2013 to January 7, 2016, and 20% per annum from the next day to the day of full payment.

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

The plaintiff (Counterclaim defendant) pays to the defendant (Counterclaim plaintiff) 94.7 million won as division of property and 5% interest per annum from the day after this judgment became final and conclusive to the day of complete payment.

E. The plaintiff (Counterclaim defendant) shall be designated as a person with parental authority and guardian of the principal of the case.

F. The Defendant (Counterclaim Plaintiff) paid 8 million won to the Plaintiff (Counterclaim Defendant) for the child support of the principal of the instant case until February 11, 2014, as the child support of the principal of the instant case. 2) on February 12, 2014.

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