meaning when a spouse under Article 840 subparagraph 2 of the Civil Code abandons the other spouse in bad faith.

When one spouse has deserted the other spouse in bad faith under Item 2 of Article 840 of the Civil Code means when the spouse has renounced the obligation as a husband or wife to live together, provide support or cooperate with one another without any justifiable reason and the other has deserted it.

Article 840 subparag. 2 of the Civil Act

Claimant

appellees

Seoul High Court Decision 85Reu132 delivered on December 30, 1985

The appeal is dismissed.

The costs of appeal shall be borne by the appellant.

We examine the grounds of appeal.

When one spouse abandons in bad faith as stipulated in Article 840 subparagraph 2 of the Civil Code refers to a case where the spouse abandons the obligation as a couple to live together, support, or cooperate with each other without any justifiable reason, and the other is abandoned. As determined by the court below, the claimant continues to be doubtful of all management, such as going through through and going out, going out, and going out, and going out, in spite of the respondent's interview at the construction site restaurant as determined by the court below, while the applicant operates a restaurant at the construction site, and continues to do so, and on the other hand, it cannot be viewed as a case where the respondent abandons the claimant in bad faith because the respondent was forced to live in the office of punishment separately, and it cannot be viewed as a case where the respondent abandons the defendant in bad faith, and the respondent spreads to the family members the above claimant's relationship with the punishment, so it is difficult to find that there is a serious violation of the rules of evidence and the legal principles as stated in Article 840 subparagraph 26 of the Civil Code, and therefore it is difficult to find that there is a serious violation of the legal reasoning.

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 Lee B-soo (Presiding Justice)