Main Issues
The case holding that there is a ground for judicial divorce under Article 840 subparagraph 6 of the Civil Act against wife, in case where wife, while gambling frequently, prepared a letter to the effect that he will not gambling over two times and continue to stuff and does not look at his home, there is a ground for judicial divorce under Article 840 subparagraph 6 of the Civil Act
Summary of Judgment
The case holding that there is a cause for judicial divorce under Article 840 subparagraph 6 of the Civil Act, in case where the wife has prepared a letter of intent to liquidate gambling on two occasions in the future, such as gambling for 20 days in a month, and the wife has continued to stay for gambling and has not taken care of his/her family and child, and the wife has no reason for judicial divorce under Article 840 subparagraph 6 of the Civil Act.
[Reference Provisions]
Article 840 subparag. 6 of the Civil Act
Claimant-Appellee
Claimant
appellee-Appellant
appellees
Judgment of the lower court
Seoul High Court Decision 90Reu2420 delivered on July 23, 1991
Text
The appeal is dismissed.
The costs of appeal shall be borne by the respondent.
Reasons
We examine the grounds of appeal.
According to the reasoning of the judgment below, the court below found, based on the evidence, that the appellant continued to stay for gambling and gambling in the future on two occasions after preparing a letter that the respondent would have an ability to liquidate and live for gambling in the future, on the other hand, from around one month from 1989 to 20 days, and determined that the respondent had a ground for judicial divorce under Article 840 subparagraph 6 of the Civil Act until the time the divorce petition of this case is filed, and there was no error of incomplete deliberation or mistake of facts as pointed out by the court below.
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 Kim Yong-sung (Presiding Justice)