[이혼][공1990.6.15.(874),1164]
The case rejecting the claim for divorce by the person who is mainly responsible for the marriage dissolution;
If the claimant does not settle the conflict between the parties due to the nature of the difference and forces the remaining respondent who thought of the difference due to the mistake of the respondent to file a complaint, and the divorce and the respondent are different, the court below's decision to reject the claim for divorce on the ground that the claimant has the principal responsibility for the failure to continue the marital life between the two parties, even if the failure was caused to the extent that it is difficult for both parties to continue the marital life.
Article 840 subparag. 6 of the Civil Act
[Defendant-Appellant] Plaintiff 1
appellees
Seoul High Court Decision 89Reu2264 delivered on December 8, 1989
The appeal is dismissed.
The costs of appeal shall be borne by the appellant.
We examine the grounds of appeal.
In light of the records of the judgment below, the claimant and the respondent's separate judgment did not settle the conflict between the couple due to the nature of the claimant's fault and forced the other respondent to get a divorce and separate appeal, and even if the marital life between the two people resulted in a failure to the extent that it is difficult to continue the marital life between the two people, the main responsibility of the court below which rejected the claim for divorce of this case is just and there is no violation of the rules of evidence or misapprehension of legal principles, such as the theory of lawsuit. The argument is groundless.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Yong-dong (Presiding Justice)