The case rejecting the claim for divorce on the ground that the spouse of the dissolved is the responsible spouse of the marriage;

Even though the marriage between the claimant and the respondent has been separated for a long time from the claimant and the respondent's living together, if the cause of the marriage is caused by the claimant's living together with the defendant (A) until now without leaving the respondent, the claimant shall be held liable entirely. Thus, even if the defendant's living conditions are inevitable to resolve the serious living situation due to the defendant's failure to obtain any economic help from the claimant, and giving birth of a child between him/her and (B) temporarily living together with the defendant is concurrent due to the cause of the failure, his/her responsibility shall also be deemed to be the claimant who continuously living together with the defendant without leaving the respondent. Thus, the claimant shall not file a divorce as the responsible spouse of the marriage dissolution.

Article 840 subparag. 6 of the Civil Act

[Defendant-Appellee] Plaintiff 1 and 3 others

appellees

Seoul High Court Decision 88Reu1943 delivered on February 13, 1989

The appeal is dismissed.

The costs of appeal shall be borne by the appellant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, although the appellant and the appellee were married for 1960.9.20 and they were married for 2 years from 1960 to 3 years, they were not married with the appellee, and they were married for 1 years from 1962 to 4 years from 1962, and they were not married with the appellant, and they were married for 1 years from 3 years from 1960 to 20,000, and they were still married for 1 year from 3 years from 196, and they were still married for 1 year from 1,000 to 3 years from 1,000 to 1,000. The appellant and the appellee were still married for 1,000 after 2 years from 3 years from 1,000 to 1,000, and they were still married for 1,000 won from 1,000 to 1,000,000

In light of the records, the above fact-finding and judgment of the court below are just and acceptable, and there are no errors such as violation of empirical rules, violation of logical rules, incomplete deliberation, and lack of reasoning in the process.

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 on the bench.

Justices Lee Chang-chul (Presiding Justice)