2015drid203666 Action for divorce, etc.

Han 00

Busan Address

Busan District Court

Attorney Lee Do-young

Fixed 0

Busan Address

Busan District Court

September 29, 2016

October 27, 2016

1. The plaintiff and the defendant are divorced.

2. The defendant shall pay the plaintiff 5,00,00 won as consolation money, and 5% per annum from June 19, 2015 to October 27, 2016, and 15% per annum from the next day to the day of full payment.

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

4. One-half of the costs of lawsuit shall be borne by the plaintiff and the remainder by the defendant respectively.

5. Paragraph 2 can be provisionally executed.

The disposition of Paragraph 1 and the defendant shall pay to the plaintiff 10,00,000 won as consolation money and 20% per annum from the day following the delivery of the main copy of the complaint of this case to the day of full payment.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on June 12, 1991 and have two adult children under the sleep.

B. After marriage, the Plaintiff and the Defendant had difficulties in conflict due to frequent drinking places, excessive drinking, late home and external stay while serving in the pharmaceutical company’s business division.

C. Around 1998, the Defendant, while disputing one’s criminal punishment, assaulted the Plaintiff’s clicking of his or her son, etc.

D. After having given birth to a child, the Plaintiff was a school teacher from February 1, 1998 to August 29, 2004 to assist the household economy. From November 5, 2004 to January 29, 2007, the Plaintiff was also a 00 insurance company's inspector recruitment. The Defendant was dissatisfied with the fact that the Plaintiff retired from the limited company for the middle and did not properly undermine the child's parenting or household share during the period of his/her occupation.

E. From January 13, 2004 to February 23, 2014, the Defendant received a claim from the husband of the relevant woman on the improper day, such as making a phone call to the female her mother-gu female her mother on a total of 108 occasions or sending text messages, without setting a time period, such as new wall hours, etc., from January 13, 2004 to February 23, 2014, and the Defendant also received a claim from the husband of the relevant woman to make it well-known from the husband of the relevant woman.

F. At around 2010, the Defendant received the Plaintiff’s land manager’s “rogategs” as a condition to preserve the monthly rent and carried out business operations for a period of one year. However, as the funeral was not well-grounded, the Plaintiff eventually caused economic difficulties, such as: (a) upon the Busan District Court’s decision to commence individual rehabilitation on April 29, 201; (b) upon the Defendant’s decision to commence individual rehabilitation from the Busan District Court on April 29, 201, the Defendant paid a certain amount to the creditors.

G. At around 2010, the Defendant frequently saw that the Plaintiff would drink alcohol at the new wall time, while drinking alcohol at the new wall time.

H. On December 15, 2010, the Plaintiff entered the life insurance (ju) as of December 15, 2010, and worked as a financial designer until now. The Defendant also worked as a taxi engineer from around that time. Since that time, the Plaintiff had a variety of meetings, such as a alumni meeting and a meeting for the reasons that it is necessary for the insurance solicitation business, etc., and the time for returning home late, the Defendant asked the Plaintiff to doubt the Plaintiff’s male relations and raised the Plaintiff’s complaint with the late time for returning home. In particular, since around May 2014, the Plaintiff’s meetings increase and one-day travels and travels, and the conflict between the Defendant and the Plaintiff became more deepened.

I. In addition, in the event that the plaintiff did not receive his own telephone from time to time while running the insurance business or did not receive due to circumstances, the defendant raised doubt about the plaintiff's male relation, and in this process, the plaintiff et al., and the defendant sleeped about the plaintiff's non-competence and dissatisfaction with each other.

(j) On May 15, 2014, the Plaintiff: (a) was hospitalized by the Defendant who was hospitalized at the hospital at the time due to a traffic accident on the part of May 15, 2014; (b) the Defendant, who became aware of the fact, she was able to talk with or drinking out the male alumni by an insurance policy; and (c) the Defendant, who called the Plaintiff’s male alumni while making a telephone call to the Plaintiff’s male alumni, was in the middle of having a dispute with the male alumni.

카 . 원고는 위 사건으로 인하여 피고가 원고에게 창피를 주었다고 불만을 가지게 되 었고 , 피고 또한 원고의 남자관계를 의심하면서 위 사건이 발생한 후 며칠 지나 원고 와 다투다가 원고의 뺨을 때리는 등 폭행을 하였고 , 술에 만취하여 그 다음날 새벽 처 갓집에 가서 원고의 부모에게 원고와 다퉜던 일을 그대로 알리기도 하여 원고와 갈등 을 빚기도 하였다 .

C. Meanwhile, there was a conflict between the Defendant and his children on the ground that the Defendant argued with the Plaintiff that her husband and son were boomed with her husband and son on the ground that her husband and son were married to the Plaintiff, and that son and son did not listen to her horses in relation to the future career issues of her children, and on the ground that son and son were unable to sleep her horses due to drinking only on the new wall, there was a conflict between the Defendant and son.

(m) The Defendant drank frequently during the marriage period, and was under the police investigation on several occasions due to the damage of the flag or the flag with another person because the flag was unable to properly conduct appraisal due to drinking alcohol, and was subject to a fine on several occasions due to the same act as above.

Ha. The Plaintiff and the Defendant have been so far since April 17, 2015.

[Grounds for Recognition] Each entry of Gap evidence 1 to 11 (including a branch number, if any)

Investigation report, the purport of the whole pleadings of the private officer;

2. Determination

A. Determination on the claim for divorce

In addition to the above facts of recognition, the plaintiff is strongly seeking divorce, and the plaintiff refused to communicate with the defendant during the period of separate residence and did not have any specific effort to recover marital relations, and the defendant also seems to justify his own behavior or to have more serious conflict in emotionally cope with the plaintiff's attitude, rather than a serious effort to recover marital relations, it is reasonable to deem that the marital relationship between the plaintiff and the defendant, which should be based on patriotism and trust, has disappeared to the extent that it is impossible to recover any more.

In addition, as seen above, the plaintiff was negligent in making efforts to resolve the doubt about his/her male relationship in the event that the defendant's marital relationship has broken off, and even after such situation and the situation led to his/her separate living, the plaintiff did not seem to have any intent or effort to recover the marital relationship, but rather, the defendant's behavior, such as frequent drinking and drinking within the marriage period, especially the plaintiff's excessive suspicions about his/her male relationship, is the main cause of the failure of the marriage. This constitutes a judicial divorce under Article 840 subparagraph 6 of the Civil Act.

Therefore, the plaintiff and the defendant are divorced.

B. Determination on the claim of consolation money

Furthermore, it is clear in light of the empirical rule that the plaintiff suffered a considerable mental suffering due to the defendant's error above, and therefore, the defendant has a duty to go against it in money. In light of the above facts of recognition and the circumstances such as the circumstance leading up to the marriage life and the failure of the plaintiff and the defendant, the reason for the failure, the degree of liability for the failure of the bankruptcy, the original and the defendant's age and the period of marriage, etc., the amount of consolation money to be paid to the plaintiff shall be set at five million won.

Therefore, the Defendant is obligated to pay damages to the Plaintiff, calculated by the rate of 5% per annum under the Civil Act from June 19, 2015 to October 27, 2016, which is the day following the delivery date of a copy of the complaint of this case, as requested by the Plaintiff, to the extent that it is reasonable for the Defendant to dispute the existence or scope of the obligation to perform, as well as the annual rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

3. Conclusion

Therefore, the plaintiff's claim for divorce of this case shall be accepted on the ground of the reasons, and the claim for consolation money shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. It is so decided as per Disposition.

Judges Park Sang-sung