2016drid207955 Divorce, etc.

A (1961 No. 1000)

Busan Address

Busan District Court

Attorney Park Jae-hoon

(B) B. (1959 People＇s Republic of Korea, South

Busan Address

Busan District Court

Attorney Lee Do-young

November 8, 2017

December 6, 2017

1. The plaintiff and the defendant are divorced.

2. The Defendant: (a) paid consolation money in KRW 20 million to the Plaintiff; and (b) from August 19, 2016 to December 6, 2017, with respect thereto.

It shall pay 5% per annum and 15% per annum from the following day to the day of complete payment.

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

4. The defendant shall pay to the plaintiff 10 million won with 140 million won as division of property and 5% interest per annum from the day following the day when this judgment became final and conclusive to the day of complete payment.

5. Of the costs of lawsuit, 2/7 are assessed against the Plaintiff, 5/7 are assessed against the Defendant, respectively.

6. Paragraph 2 can be provisionally executed.

Paragraph (1) of this case and the defendant shall serve the plaintiff with consolation money of KRW 50 million and the plaintiff of this case

5% per annum from the following day to the date of this judgment, and 15% per annum from the next day to the date of full payment.

D. The Defendant shall pay the Plaintiff the money calculated by applying the ratio to the division of property as set forth in the attached Form 1.

The transfer registration procedure for ownership transfer based on the division of property is implemented with respect to 1/2 shares in the mountain.

1. Determination on the claim for divorce and consolation money

가. 인정사실 ( 1 ) 원고와 피고는 1988. 8. 경 혼인신고를 하였으며, 2명의 자녀를 두었다 . ( 2 ) 피고는 혼인기간 동안 자주 술을 마시고 밤늦게 귀가하여 잠이 들 때까지 술주사를 하면서 원고를 괴롭혔다. 피고는 혼인 초에는 술 주사를 하면서 원고의 얼굴을 때리거나, 원고에게 식탁 의자나 선풍기 등을 던지는 등 폭력을 자주 행사하였다 . ( 3 ) 피고는 2016. 7. 경 아침에 원고에게 냉장고를 청소하라고 하였는데, 원고가 " 그냥 흘러가는 대로 합시다 " 라고 말하였다는 이유로 화가 나서 원고의 노트북을 발로 찼고, 원고는 그 노트북에 턱 부분을 맞아 상처를 입었다. 원고가 같은 날 저녁 7시쯤 저녁 식사를 차렸는데, 피고가 갑자기 원고에게 욕설을 하면서 금속 재질의 야구 방망이를 찾아와 원고의 머리를 때리고, 그 충격에 주저앉은 원고의 옆구리를 발로 걷어찼으며, 다시 야구방망이를 휘둘러 원고의 머리를 때렸다 . ( 4 ) 원고는 위 폭행을 당한 직후 * * 병원 응급실에 내원하였는데 이상을 발견하지 못하여 진통제만 맞고 귀가하였다. 원고는 다음 날 근무하던 도중 어지러움을 느끼고 쓰러져 * * 대학교병원 응급실에서 치료를 받고 2016. 8. 경까지 신경과에서 입원치료를 받았다. 피고는 원고가 입원해있는 동안 방문하지 않았고, 전화나 문자 연락도 하지 않았다 .

(5) The Plaintiff did not return home after having been divorced with the Defendant, and sought his residence separately from the Defendant.

[Ground of recognition] Gap evidence 1 to Gap evidence 4, Gap evidence 6, Gap evidence 7, Eul evidence 1, family investigation report by family investigation officer, whole purport of oral argument

B. Determination as to a divorce claim

The Defendant used violence against the Plaintiff at the beginning of the marriage. For this reason, the Plaintiff’s fear of fear, fear, and suppression against the Defendant. The Plaintiff appears to have maintained her marital life without resolving negative appraisal due to the Defendant’s failure to properly conduct violence. In such a situation, the Defendant assaulted the Plaintiff’s head around July 2016, and this constitutes a very dangerous act that may cause serious bodily harm in light of the means of assault, assault, assault, and assault. However, the Defendant’s death and care against the Plaintiff, such as the Plaintiff’s hospitalization of the Plaintiff due to the above assault, was very insufficient. Accordingly, the Plaintiff’s trust with the Defendant was completely destroyed, and the divorce became final due to the Defendant’s reliance on the Defendant’s divorce, and the Plaintiff’s failure to complete recovery from the Plaintiff’s marriage, and the Plaintiff’s failure to complete recovery from the Defendant’s reliance on the Plaintiff’s 30 grounds for divorce.

C. Determination as to the claim of consolation money

Since the marriage relationship between the plaintiff and the defendant was broken down due to the defendant's main mistake, the defendant is liable to pay consolation money to the plaintiff.

The amount of consolation money to be paid by the defendant shall be determined as KRW 20 million in full, taking into account the various circumstances shown in the arguments in this case, such as the details and degree of liability of the marriage failure, the period and period of marriage, the period of marriage and the period of separation, the age of the plaintiff

D. Sub-committee

The plaintiff is divorced from the defendant, and the defendant is obligated to pay to the plaintiff 20 million won as consolation money and to pay damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from August 19, 2016 to December 6, 2017, the day following the delivery day of the complaint of this case, which is deemed reasonable for the defendant to dispute about the existence and scope of the obligation to perform, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

2. Determination as to the claim for division of property

A. Property and value to be divided: as shown in the list of property to be divided (the Plaintiff on September 2017).

15. Although there is no objective evidence on the details of the property claimed in the original legal brief, there is no dispute over the property details by the Defendant. Therefore, it is recognized that the property claimed by the Plaintiff exists and considered as property subject to division of property).

B. Division ratio and method (1) division ratio: Plaintiff 55%, Defendant 45%

[Ground of determination] The method of division of property (2) taking into account various circumstances such as the process of acquisition and use of active property subject to division, the degree of contribution by the plaintiff and the defendant to its formation and maintenance, the background of income and property generation, the age of the plaintiff and the defendant, occupation, process and period of marital life, the party’s intent, etc. (see, e.g., the name and form of the property subject to division, the process of acquisition, the convenience of division, etc.)

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

(2) The amount of KRW 352, 550, and 00 which deducts the Plaintiff’s net property from the amount under the above paragraph (1) - KRW 210,00,000 = 142,550, and KRW 200,000 = 142,550, and KRW 3,000 which the Defendant pays to the Plaintiff.

② The amount of the above paragraph is KRW 140,000,000,000,000,000,000.

The defendant is obligated to pay to the plaintiff 140 million 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 this judgment becomes final and conclusive to the day of full payment.

3. Conclusion

The plaintiff's claim for divorce is justified, and the consolation money claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit, and the claim for division of property shall be determined as above.

Judges Yoon Jae-nam

A person shall be appointed.

A person shall be appointed.