Plaintiff (Counterclaim Defendant) (Law Firm Han-chul, Attorneys Lee Sung-hoon et al., Counsel for defendant-appellant)

Defendant-Counterclaim (Attorney Lee Jae-chul, Counsel for plaintiff-appellant)

Principal of the case

May 9, 2019

Suwon Family Court Decision 2017Ddan700820 (principal lawsuit), 2017ddan704747 (Counterclaim) decided December 13, 2018

1. The part concerning division of property in the judgment of the court of first instance shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay the Plaintiff (Counterclaim Defendant) the amount of KRW 7,500,000 as division of property and 5% per annum from the day following the day this judgment became final and conclusive to the day of full payment.

2. The remaining appeal by the Defendant (Counterclaim Plaintiff) is dismissed.

3. The total costs of the lawsuit are assessed against the Plaintiff (Counterclaim Defendant) and the remainder, respectively, by the Defendant (Counterclaim Plaintiff).

1. Purport of claim

(a) Main claim;

Pursuant to the principal lawsuit, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) are divorced. The Defendant shall pay to the Plaintiff 20 million won with consolation money at the rate of 15% per annum from the day following the day of delivery of a copy of the complaint of this case to the day of complete payment. The Defendant shall pay to the Plaintiff 155 million won with consolation money at the rate of 5% per annum from the day after the day of the delivery of a copy of the complaint of this case to the day of complete payment. The Plaintiff shall be designated as the person with parental authority and the career of the principal of this case. The Defendant shall designate the Plaintiff as the Plaintiff as the person with parental authority and the career of the principal of this case. The Defendant shall pay to the Plaintiff 4 million won with the child support of this case, the amount calculated at the rate of 15% per annum from the day after the delivery of the Plaintiff’s claim of this case to the day of complete payment of the claim of this case, child support to the day after the delivery of the copy of this case to the adult.

(b) Counterclaim;

According to the counterclaim, the plaintiff and the defendant shall be divorced. The plaintiff shall pay to the defendant 10,00,000 won as consolation money and 15% interest per annum to the day of full payment from the day following the delivery of a copy of the counterclaim of this case to the day of full payment. The plaintiff shall pay to the defendant 49,875,001 won as division of property, and 5% interest per annum to the day of full payment from the day after the day after the judgment became final to the day of full payment. The plaintiff shall designate the defendant as the person with parental authority and the custodian of the principal of this case. The plaintiff shall pay to the defendant 42,00 won per annum to the last day of each month from the day after the delivery of a copy of the counterclaim of this case

2. Purport of appeal

Division of property, designation of a person with parental authority, and claim for child support among the judgment of the court of first instance is modified as follows. The Plaintiff shall pay to the Defendant the amount calculated by applying the rate of 5% per annum from the day following the day when the judgment became final to the day of full payment with respect to property division of KRW 49,875,001 and its amount. The Defendant shall be designated as a person with parental authority and a custodian of the principal of the case. The Plaintiff shall pay to the Defendant the amount of KRW 442,00 per month from the day after the copy of the counterclaim was served to the day

1. Scope of the judgment of this court;

In the first instance court, the Plaintiff and the Defendant filed a claim for divorce, consolation money, division of property, designation of a person with parental authority and a child support as the principal and counterclaim. The first instance court accepted each claim for divorce between the principal lawsuit and the counterclaim, and dismissed all of the principal lawsuit and the counterclaims. The Plaintiff, while citing part of the principal claim for division of property, has designated the Plaintiff as the person with parental authority and the guardian of the principal of the case, order the Defendant to pay the child support to the Plaintiff, and order the Defendant to pay the child support to the Plaintiff and determine the visitation right ex officio. Accordingly, the Defendant appealed only with respect to division of property, designation of a person with parental authority and the child support, the scope of the judgment of this

2. Determination on the claim for division of property between the principal lawsuit and the counterclaim

(a) Property to be divided and its value;

The details of the attached Form 1 shall be as shown in the list.

B. Ratio and method of division of property: Plaintiff 50%, Defendant 50%

1) The actual period of marriage between the plaintiff and the defendant is about three years, and most of the plaintiff's mother's family and childcare seems to have been in charge during that period, and the formation and maintenance of the right to sell an apartment house and the right to return the lease deposit against the plaintiff's apartment in order to rent out and the right to return the lease deposit against the sub-divided apartment in ○○○○○○, which has most of the divided property, the contents and degree of income, family life, number of children, age, etc. of the plaintiff and the defendant during the marriage period, family affairs according to their economic activities and their income, the degree of family's living environment, the number of children, etc., the ability of the plaintiff and the defendant to be in charge, the influence of marriage

2) In light of the form and nature of a property subject to division, the process of acquisition thereof, the method of management thereafter, the impact of division on the value or utility of the property, the easiness of execution according to the method of division, the intent of the parties, etc., active property owned by the Plaintiff and the Defendant under their respective names, small property shall vest in its name, but the remaining amount calculated by deducting the value of the property currently owned by the Plaintiff from the value of the property to be reverted to the Plaintiff according to the ratio of division shall be

3) Property division amount that the Defendant has to pay to the Plaintiff

【Calculation Form】

A) The Plaintiff’s share according to the division of property among the net property of the Plaintiff and the Defendant

Total net property of the Plaintiff and the Defendant 118,876,293 x 50% = 59,438,146 won (teach less than won)

B) Amount computed by deducting the Plaintiff’s net property from the amount of Paragraph A above

59,438,146 won - 51,917,493 won = 7,520,653 won

C) Property division amount that the Defendant pays to the Plaintiff

B. 7,500,000 won in a little amount under subsection (b)

C. Sub-committee

The defendant is obligated to pay the plaintiff 7,500,000 won as division of property and 5% interest per annum as stipulated in the Civil Act from the day following the day this judgment becomes final and conclusive to the day of full payment.

3. Determination as to the principal lawsuit and counterclaim, designation of a person with parental authority and a custodian, and claim for child support

This Court's explanation is identical to the corresponding part of the judgment of the court of first instance, and thus, this Court's explanation is acceptable in accordance with Article 12 of the Family Litigation Act and the main text of Article 420 of the Civil Procedure Act.

4. Conclusion

As above, division of property, designation of a person with parental authority and a person with custody, and child support claims shall be determined. Since the part concerning division of property in the judgment of the court of first instance is unfair based on its conclusion, part of the defendant's appeal shall be accepted and modified as above, and the remaining appeal by the defendant shall be dismissed as it is so decided as per Disposition.

[Attachment]

Judges Don Jinop (Presiding Judge) Kim Young-ju