2011dwards00 (principal action) Divorce, etc.

2011.divum 000 (Counterclaims) Divorce, etc.

Article 100 ( Males who have 83 Years)

Article 00 (Childs Who 86 Years and Childs)

Article 00 (Childs of 09 Years)

November 2, 2011

January 18, 2012

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

2. The Plaintiff (Counterclaim Defendant) pays 7,00,000 won as consolation money to the Defendant (Counterclaim Plaintiff) and 20% per annum from February to January 2012 and from the next day to the day of full payment. The Plaintiff (Counterclaim Plaintiff) pays 7,00 won with 5% interest per annum from February 2, 2011 to January 201 and 20% interest per annum from that day to the day of full payment.

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

4. The plaintiff (Counterclaim defendant) pays to the defendant (Counterclaim plaintiff) 8,00,00 won as division of property, and 5% interest per annum from the day following the day when this decision is made to the day of complete payment.

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

6. The Plaintiff (Counterclaim Defendant) pays to the Defendant (Counterclaim Plaintiff) KRW 400,000 per month from December 2010 to February 2016, and KRW 500,000 per month from the next day to March 2029 to February 3, 2029.

7. The Plaintiff (Counterclaim Defendant) may visitation the principal of the case as follows, and the Defendant (Counterclaim Plaintiff) must actively cooperate in this case.

(a) Contents of the visitation right before the principal of the case enters an elementary school;

(1) The second, the third, the fourth Sundays: 00 to 17 :00.

(2) A child-care center of the principal of the case or a kindergarten life for 2-day and 3-day during wintering and wintering for 3-day during each year.

(3) Each year, one day during a year’s annual holiday, and one day during a year’s annual holiday, two days during a year’s holiday.

(b) Contents of the visitation right from the time the principal of the case enters an elementary school.

(1) Secondly, every Saturday 12:00 to 18:00 the following day ( Sundays).

(2) Among the school life of the principal of the case, 7 gambling days during the summer vacation and 7 gambling days during the winter vacation.

(3) Each year, one day during a year’s annual holiday, and one day during a year’s annual holiday, two days during a year’s holiday.

C. The visitation rights in paragraphs (2) and (3) above are separate from the visitation rights in paragraphs (1) and (b) above, and the visitation rights in paragraphs (1) and (3) above may be expanded under the consent of the principal of the case.

D. In the event that a certain change is inevitable due to activities related to the study of the principal of the case, health reasons, etc., the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) may change the date and time of interview through consultation.

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

9. Paragraph 2 can be provisionally executed.

The principal lawsuit: In accordance with the principal lawsuit, the plaintiff (the counter-party defendant; hereinafter referred to as the " plaintiff") and the defendant (the counter-party plaintiff; hereinafter referred to as "the plaintiff") are divorced. The defendant shall pay to the plaintiff 10 million won consolation money and the amount calculated by the rate of 20% per annum from the day after the delivery of the complaint to the day of complete payment. The plaintiff shall be designated as the person in parental authority and the guardian of the principal case. The defendant shall pay to the plaintiff 50,000 won as the last day of each month from the day following the delivery of the complaint of this case to March 2029.

Counterclaim: (1) and (5) of the Disposition No. 1 and Paragraph (5) of this Article. The plaintiff shall pay to the defendant 30 million won as consolation money with 5% interest per annum from the day following the delivery of the counterclaim of this case to the day of the judgment, and 20% interest per annum from the next day to the day of the judgment. The plaintiff shall pay to the defendant 20, 232, 528 won as division of property, and 5% interest per annum from the day following the final judgment to the day of complete payment. The plaintiff shall pay to the defendant 50,000 won as the child support of the principal of this case from November to March 2029 to the day of the last day of each month each month.

1. Facts of recognition;

The following facts are acknowledged as follows: Gap evidence 1-1, 2, Eul evidence 2-2, and 3-1 through 3, Eul evidence 4-1, 2-2, Eul evidence 5-8, 10, 28, 29, Eul evidence 1-1, 2-2, Eul evidence 3-2, Eul evidence 6-1, 9-2, Eul evidence 10-1 through 11, Eul evidence 15-1 through 27, Eul evidence 17-1 through 3, Eul evidence 19-1, 5, 19-1 through 3, 5, 20-1, 20-2, and 20-1, respectively:

A. The Plaintiff and the Defendant become aware of each other around August 2007, and thereafter return to death, the Defendant reported the marriage on January 2009, when he was pregnant the principal of the case, and around March 2009. The Defendant generated the principal of the case on March 2009.

나 . 사건본인을 낳기 전 , 주중에는 , 원고는 직장관계로 밀양에서 , 피고는 친정에서 각 각 생활하였고 , 주말에는 , 원고와 피고가 함께 시댁에서 지냈다 . 그러다 2008 . 10 . 경부 터 시댁 2층에 신혼집을 마련하여 함께 살았다 .

C. After the Defendant’s creation of the instant principal, the Plaintiff’s mother paid the hospital expenses. Meanwhile, on the grounds that the Plaintiff’s mother was to have a telephone call to the Defendant, and that the Defendant was to have a far distance from the Defendant’s mother prior to his discharge. As a matter of this, the Plaintiff and the Defendant asserted via telephone, and that, if the Defendant’s mother was to have been in the Plaintiff by telephone, he would have been in the Plaintiff, he was in the first place, and that the Defendant was in the first place, and that he was in the second place, the Defendant was in the front place, and that the Plaintiff was in the end of the Defendant’s mother’s horse. In doing so, the Plaintiff was still in the home fighting.

라 . 피고는 시댁에서 분가하기를 바랐고 , 이에 따라 원고와 피고는 2009 . 10 . 경부터 사건본인과 함께 밀양에 있는 원고 직장의 00아파트에서 살게 되었다 .

E. The Plaintiff’s parents and the Defendant’s mother have difficulty in visiting 00 apartment units respectively. In particular, the Defendant’s mother visited 4 to 5 times a month. The Plaintiff refused to make frequent visits by the Defendant’s mother, and thereby disputing the Plaintiff and the Defendant.

F. The Plaintiff’s monthly wage was ordinarily 1.8 million won. Among them, 80,000 won was given to the Plaintiff’s mother to manage installment savings. The Plaintiff, at that amount, paid out the amount less 100,000 won of communication expenses, to the Defendant himself as his daily living expenses. The amount was insufficient to cover the cost of living, such as the Plaintiff’s low-income and water price, the instant principal insurance premium, electricity tax, gas cost, water purifier rental fee, and incidental food expenses. Accordingly, the Plaintiff was able to receive cash.

G. The Plaintiff: (a) as the instant principal’s right is independent and deep wind; and (b) from May 2010, the Plaintiff used an embankment with the Defendant from around May 201. However, on the grounds that the Defendant’s mother is frequently coming from the said 00 apartment and the Plaintiff’s living cost is insufficient, the Plaintiff and the Defendant were frequently disputed; and (c) as a result, the Plaintiff and the Defendant continued to use each of them.

H. In order to meet revenue and expenditure, the Plaintiff reported the Defendant’s family register to the Defendant. On or around August 2010, the Plaintiff disputed each other in the process of confirming the family register. In addition, the Defendant’s internal care was incurred.

The plaintiff's influence led to the plaintiff's influence, and the plaintiff's influence was on the fluence of the chair. The defendant reported to the police, and the police called.

I. On September 2010, the Plaintiff and the Defendant confirmed the family registry while drinking alcohol and talking about the reduction of expenditure. During the process of confirming the family registry’s content, the Plaintiff and the Defendant interested in and disputed each other, and the Defendant entered the inside room and reported it to the police. In this case, the police sent out.

j. If the plaintiff and the defendant conflict with each other during the marriage life, they did not immediately have a conversation and time has passed.

(k) Around October 2010, both the Plaintiff and the Defendant met a traffic accident. The Plaintiff and the Defendant were hospitalized by both the Plaintiff and the Defendant, but the Plaintiff discharged only 2 weeks, and the Defendant was hospitalized by more than two weeks. While the Defendant was hospitalized by her husband and wife, the Defendant had been hospitalized by more than two weeks. On the ground that the Defendant had been hospitalized by her during her marriage, there have been a lot of communications costs for the Defendant.

타 . 피고는 2010 . 11월경 원고에게 알리지 않은 채 퇴원하여 친정으로 갔다 . 원고는 2010 . 11월경 01 : 35경 피고가 입원했던 병실로 갔다가 피고가 없는 것을 확인하였다 . 이에 원고는 2010 . 11월경 03 : 00경 , 피고가 퇴원하여 친정에 있다는 사실을 원고에게 알려주지 않은 것을 따지기 위하여 , 피고의 친정에 찾아가서 , 주먹으로 출입문을 두드 리고 발로 차는 등 행패를 부렸다 . 피고 어머니가 문을 열어주자 , 집안으로 들어가 피 고에게 " 왜 병원에서 퇴원한 것을 말하지 않느냐 , 내가 뭘 그리 잘못했냐 " 라고 따졌다 . 이 때 피고 어머니가 " 나가라 , 왜 행패를 부리느냐 " 라며 원고를 밀어내자 , 화가 난 원 고는 피고 어머니의 멱살을 잡아 밀고 당기고 , 피고 어머니를 바닥에 넘어뜨렸다 . 이로 인하여 원고는 피고 어머니에게 약 10일간의 치료를 요하는 우측 눈주위 찰과상 등을 가하였다 .

(m) On November 2010, the Plaintiff was involved in the police immediately called up and was sentenced to a fine of KRW 2 million.

Ha. Since then, the plaintiff and the defendant stand separately, and the defendant stand in friendly home. The plaintiff had one of the television, straw, clothes of the principal of the case, water storage, rice, knife, knife, etc. in the above 00 apartments, and the defendant had one of them. The defendant had one of them, among those possessed by mixed water, a food drying machine, laundry machine, washing machine, cooling machine, water purifier, electronic knife, the principal of the case, knife, etc.

(o) The Plaintiff continues to be attending the previous workplace (stock company 0000). The Defendant works as an assistant nurse at Hanwon from April 201 to Hanwon as an assistant nurse, and prepares living expenses and rearing expenses at a monthly rate of one million won. Before the instant lawsuit, the Plaintiff did not find the principal of the case or contact with him and did not provide the child support.

2. Determination of a claim for divorce and a counterclaim divorce

A. Demanding a counterclaim divorce

According to the facts of recognition under Paragraph 1, while the plaintiff and the defendant neglected to endeavor to understand the other party's personality, character, values, etc. on an equal footing, they have raised the value and method that they consider important to the other party. It is determined that there was a lack of serious concerns about the maintenance of the family community, which is the spouse and children, and about the career of the other party. In addition, the mind that the other party's life and the defendant's life are faced with crisis. This leads to a very serious aspect of the marriage life of the plaintiff and the defendant.

However, above all, in these critical situations, between the Plaintiff and the Defendant, in order to overcome these emergencies, the Plaintiff was unable to cope with them, and on November 2010, due to the fact that the Plaintiff found the Defendant’s friendship on the new wall and caused injury to the Defendant’s mother, the marital life led to a extreme strike.

In the end, the Plaintiff and the Defendant’s marital life are judged to have been dismissed due to the Plaintiff’s cause attributable to the Plaintiff, such as the Plaintiff’s act of injuring the Defendant’s mother, etc. on the pretext of having lost the respect, care, and love for each other. This constitutes a cause of judicial divorce under Article 840 subparag. 3, 4, and 6 of the Civil Act.

The defendant's counterclaim claim for a counterclaim is accepted on the ground of the reasons.

B. Claim for divorce of principal lawsuit

A. On the premise different from the claim, the plaintiff's assertion that is premised on the failure of marriage between the plaintiff and the defendant due to the grounds attributable to the defendant is rejected.

The plaintiff's claim for divorce on the principal lawsuit is dismissed for lack of reasonable grounds.

3. Claim for consolation money and judgment on counterclaim consolation money

A. Claim for solatium consolation money

Inasmuch as it is apparent in light of the empirical rule that the Defendant suffered severe mental pain due to the failure of the marriage life due to the above mistake by the Plaintiff, the Plaintiff is obligated to pay the said mental pain in cash. As seen earlier, the period of marriage between the Plaintiff and the Defendant, the background leading up to the failure of marriage as seen earlier, the Plaintiff’s attitude, and the fact that even before the case was held on November 2010, the Plaintiff claimed to the extent that two times or the police were dispatched during the course of administering the marriage with the Defendant, and other circumstances revealed in this case’s pleading, it is reasonable to determine the amount of consolation money to be paid to the Defendant by the Plaintiff to the Defendant as KRW 7 million.

The Plaintiff is obligated to pay as consolation money the Defendant 7 million won and as a result, 5% per annum under the Civil Act from February 201 to January 201, 201, which is the day following the delivery date of the counterclaim of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The defendant's claim for the counterclaim consolation money of KRW 30 million is accepted within the scope of the above recognition, and the remaining counterclaim consolation money is dismissed as there is no ground.

B. Claim of consolation money in principal lawsuit

The plaintiff asserts that the defendant is obliged to pay consolation money of KRW 10 million to the plaintiff, because the marital life has broken down due to a cause attributable to the defendant.

However, as seen earlier, this case does not accept the plaintiff's claim for divorce against the principal lawsuit, and the plaintiff cannot claim consolation money against the defendant. Thus, the plaintiff's assertion is without merit.

The plaintiff's claim for consolation money is dismissed for reasons.

4. Determination on a counterclaim for division of property

A. Details about the formation of the property;

(1) The Plaintiff worked in a factory of 0000,000 and received monthly pay of KRW 1.8 million. The Defendant was in charge of domestic affairs.

(2) The Plaintiff paid the remainder of the monthly wage less KRW 900,000 (amounting to KRW 800,000 managed by the Plaintiff’s mother + communication cost of KRW 100,00) to the Defendant as a living cost.

(3) The plaintiff and the defendant frequently disputed due to unsatisfy economic circumstances.

(4) When the Plaintiff and the Defendant divided the Plaintiff’s parent house into 00 apartment units in tight fry, the Defendant’s mother divided the Plaintiff’s parent house into 00 apartment units, and the Defendant’s mother divided the flab, flab, cremation, five parts of cremation, cooling house, washing machine, labing machine, irrigation machine, e-mail, electronic rail, e-mail, seeding box, shoes, shoes, e-mail, so on, and small home appliances, etc. However, the Plaintiff and the Defendant shared the said 0 apartment units, and the Defendant left the said 0 apartment units, and had the flabing machine, washing, washing, cooling, cooling, water purifiers, water purifiers, and e-mail among them.

(b) Property and value to be divided;

Around December 2010, the time when the Plaintiff and the Defendant were living, the base of which was around the time when they were living.

(1) The plaintiff's active property

○00000000 000000 7.5 million won, provided that this is the standard market price around August 2010, taking this into account the contribution decision.

The total amount received of deposit claims at 000, 000 safe: 24,087, 199 won.

○00 Dong 000 000 - 00000 - 00000 - 0000 - 0: 1,013,152 won

000 Dong 000 0000 - 00000 - 00000 - 0000 - 1,026 won

00 bank deposit claims: 32,663 won.

00 apartment 100 apartment 103 Premium: 550,000 won

000 fire 00. 1, 125, 320 won: whether there was a refund of termination on the basis of around December 2, 2010, and if there is no evidence about the amount, then the amount of the said insurance does not include the Plaintiff’s active property.

00000 retirement allowances of 6,155, 696: currently the Plaintiff retired from the factory at 0000,000. There is no charge that is consistent with the fact that the date of retirement or the retirement benefits to be received by the Plaintiff have been determined, and thus, the Plaintiff does not include the Plaintiff’s active property, but does not consider at the time of determining contribution.

(2) Plaintiff’s passive property

The obligation of KRW 1,00,000 against the Plaintiff’s father’s 000: Each statement of KRW 11, 12, 13-1 through 3, and 14 through 19 is insufficient to vindicate that the Plaintiff borrowed KRW 1,000 from 00, and there is no other evidence to prove otherwise, this does not include the Plaintiff’s small property.

(3) The defendant's active properties

○00 Insurance I, 00 Insurance II, 000 Insurance, 000 Insurance, 000 Insurance: Not including the defendant's active property because it is not possible to specify the amount, but taking into account the decision of contribution.

(4) Defendant’s passive property

○ ○.

(5) The value of the property to be divided;

○ The net property of the Plaintiff: 33,184,040 won.

○ The net property of the Defendant: zero won.

○ Total amount of net property of the Plaintiff and the Defendant: KRW 33,184,040.

【Unstrifed Facts, Gap evidence 11, Gap evidence 13-1 through 3, Gap evidence 14 through 19, 28, and 29, Eul evidence 12 through 14, Eul evidence 20-1, 20, Eul evidence 21, Eul's investigation report, and the purport of the whole pleadings

(c) Ratio and method of division of property;

(1) Division ratio: Plaintiff 75%, Defendant 25%

【Ground of determination】 The facts of the above A, the process of acquiring and maintaining the property subject to division, the plaintiff and the defendant'sNa, the occupation and income level, the living together with the remaining two years, the period of marriage, the defendant's key to the principal of the case, and all other circumstances considered.

(2) Method of division of property: Property in the name of the plaintiff and the defendant shall be determined as owned by each party, but only if the plaintiff owns the property exceeding the amount according to the above division ratio, the division of property equivalent to the difference between the defendant and the defendant shall be paid.

[Ground of determination] The circumstances shown in the argument of this case, such as convenience in division, the name and form of ownership of the property subject to division, the process of acquisition and maintenance, the status of use, and the age and occupation of the plaintiff and the defendant

(3) Calculation Results

The Plaintiff’s share according to the division ratio of property among the net property of the Plaintiff and the Defendant is 33, 184, 040 won X75% = 24, 888, 030 won.

○ From the net property of the Plaintiff, the share of the said Plaintiff was deducted, 33, 184, 040 won - 24, 888, 030 won = 8, 296, 010 won.

○ The division of property that the Plaintiff pays to the Defendant shall be set at KRW 8,296,00,000,000,000.

D. Sub-committee

The plaintiff is obligated to pay to the defendant 8 million won as division of property and damages for delay calculated at the rate of 5% per annum under the Civil Act from the day following the conclusion of this judgment to the day of full payment.

5. Determination of a claim for designation of a person with parental authority and a person with parental authority over a principal lawsuit, or for designation of a person with parental authority over a counterclaim

In full view of the circumstances surrounding the marital life and failure of the Plaintiff and the Defendant, the age of the principal of the case, the custody situation, in particular, the Defendant’s key to the principal of the case at the time of the closing of argument in the instant case, and all the circumstances revealed in the argument in the instant case, it is reasonable to designate the Defendant as the person with parental authority and the guardian of the principal of the instant case for the smooth growth and welfare

6. Determination on a claim for a principal claim for a child support and a counterclaim for a child support

As long as the Defendant was designated as a person with parental authority and the guardian of the principal of this case, the Plaintiff is obligated to share the child support for the principal of this case as the father of the principal of this case. Considering all circumstances such as the age and the teaching condition of the principal of this case, the age and property status of the Plaintiff and the Defendant, and import level, the Plaintiff shall pay to the Defendant the child support for the principal of this case as the child support for the principal of this case, from December 2010 to February 2016, the immediately preceding time when the principal of this case was admitted to an elementary school from February 2016 to February 2016, when the principal of this case was admitted to the elementary school. It is reasonable to pay 50,000 won as of March 2029, the next day before the principal of this case reaches the majority.

7. Determination ex officio on visitation right

As long as the Defendant was designated as a person in parental authority and guardian for the principal of this case, the Plaintiff has the right to interview the principal of this case. In full view of the facts recognized earlier and the age and living environment of the principal of this case as shown in the argument of this case, the Plaintiff and the Defendant’s intent, etc., it is reasonable to determine the frequency, time, method, etc. of visitation rights as stated in the Disposition 7 for the psychological stability and welfare of the principal of this case.

Judge Lee Bo-young