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(영문) 대법원 1986. 8. 19. 선고 86므18,19 판결
[이혼][공1986.10.1.(785),1223]
Main Issues

Cases that do not constitute a cause for judicial divorce under subparagraph 3 or 6 of Article 840 of the Civil Code responsible for the respondent

Summary of Judgment

The reason behind the claimant's failure to have committed suicide on two occasions, i.e., the claimant, who had been engaged in both money and money business with the claimant, was forced to commit suicide on two occasions, regardless of the defendant's personal obligation, cannot be viewed as a ground for judicial divorce under Article 840 subparagraph 3 or subparagraph 6 of the Civil Code, which is responsible to the respondent.

[Reference Provisions]

Subparagraph 3 and 6 of Article 840 of the Civil Act

appellant, appellant

Attorney Han-soo, Counsel for the plaintiff-appellant

Appellee, the respondent

[Defendant-Appellee] Defendant 1

Judgment of the lower court

Seoul High Court Decision 85Reu212,213 decided December 23, 1985

Text

The appeal is dismissed.

Costs of appeal shall be borne by the appellant.

Reasons

The grounds of appeal are examined.

The judgment of the court of first instance cited the judgment of the court below that the appellant and the respondent have raised approximately 200 pigss from around 1981 to raise the insufficient amount of feed costs from around 1981, the respondent borrowed a large amount of money from others, and without any ground, the respondent borrowed money from others in order to borrow money from others in order to raise the shortage of feed costs, and the respondent did not pay the above debts, and the respondent who did not go beyond the above debt as his personal debt, with the intention to commit suicide on the floor of 5.1 of the same year, it was hard to say that the defendant was forced to avoid the payment of tobacco on the floor in order to commit suicide, and the defendant was tried to commit suicide on the 3th day of the same month, and was hospitalized in hospital with the applicant, and was admitted to the hospital, and the appellant was not subject to treatment, but the court below did not accept the judgment of the court below that there was no violation of the rules of evidence selection and the facts finding that the above defendant is subject to the above 30th day of a civil action.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Il-young (Presiding Justice)

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