2019dward200801 Divorce, etc.

A

Section B.

1. Sick:

2. Fixedness;

September 25, 2019

October 30, 2019

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The plaintiff shall be divorced from the defendant. The defendant shall pay to the plaintiff 30,00,000 won as consolation money and 15% interest per annum from the day following the day of delivery of a copy of the complaint to the day of full payment. The defendant shall execute the procedure for registration of ownership transfer as to 1/2 shares in the land due to the fixed date of division of property of this case to the plaintiff. The plaintiff shall be designated as a person with parental authority and a person with custody of the principal of this case.

1. Facts of recognition;

A. The plaintiff and the defendant are legally married couple who completed the marriage report on October 20, 200, and have a child to be heard by the principal of the case under the chain.

B. The Plaintiff and Non-Party Non-Party, who became aware of his duties around May 2014, and thereafter came to contact several times every day and have private met, and the Plaintiff and Non-Party Non-Party, became a pro-friendly relationship.

C. The Plaintiff and the Defendant were working in the same company. The Plaintiff was working in Matril, and there were many cases where the time of returning home was late or the time of returning home was mixed at the weekend, and the Defendant took a love from the Plaintiff’s mobile phone around October 28, 2018 to the Plaintiff and Nonparty Non-Party Non-Party on the long-term basis of the Plaintiff’s mobile phone around October 28, 2018. The Plaintiff was able to confirm the fact that the Plaintiff sent an expression or sent an message containing sexual expression.

D. On October 31, 2018, the Defendant: (a) told the Plaintiff on the grounds that he had a relation with the Non-Party Non-Party, and (b) said the Plaintiff would no longer meet the Non-Party Non-Party State; (c) however, the Plaintiff stolen the Defendant’s office access card and entered the Defendant’s office without permission; and (d) deleted the Defendant’s movement picture and the contents of the Kakao Stockholm conversation stored on the Defendant’s computer; (b) subsequently, the Plaintiff was released from the company’s side and was issued disciplinary action.

E. The Defendant saw the Plaintiff’s improper behavior, and notified the company’s club members and their family members of the Plaintiff’s unknown fact. Accordingly, the Plaintiff suffered difficulties.

F. On November 18, 2018, the Plaintiff and the Defendant showed the knife, and there was a dispute, such as intimidation, as if the Defendant would cause harm to the Plaintiff and the knife, and thereafter, the principal of the case was under custody of the Defendant.

[Ground of recognition] Gap evidence Nos. 1 through 18, Eul evidence Nos. 1 through 16 (including numbers), family investigation report by family investigation officers, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion

The plaintiff asserts to the effect that there is a cause of divorce under Article 840, Article 840, Article 3, and 6 of the Civil Act, since the marriage relationship has become a cause of liability such as the defendant's character defect, verbal abuse, threat of deadly weapons.

B. Determination

1) Whether a matrimonial relationship has broken down or not

In light of the following: (a) although the Plaintiff and the Defendant consistently wished to divorce; (b) the Plaintiff and the Defendant are separate since November 18, 2018, the Defendant consistently, without wanting to divorce, expressed the intent to proceed with the procedures, etc. for married couple counseling for the recovery of mutual affiliation with the Plaintiff; and (c) the Defendant’s inappropriate relationship with the Plaintiff and the Nonparty seems to have significantly deteriorated in the course of emotional response, the marriage between the Plaintiff and the Defendant cannot be readily concluded that the marriage between the Plaintiff and the Defendant was broken down to the extent that they could not be recovered.

2) The principal responsibility for the failure of marriage.

Even if the marital relationship between the Plaintiff and the Defendant, as alleged by the Plaintiff, has reached the irrecoverable level, the principal liability for the failure of the marital relationship is reasonable to deem that the Plaintiff failed to make full efforts to recover the marital relationship, such as making adequate death and injury, despite having maintained the non-party’s inappropriate level of view.

3) Exceptional recognition of the claim for divorce by responsible spouse

A) Relevant legal principles

'When there is a serious reason for making it difficult to continue the marriage', which is a reason for divorce under Article 840 subparagraph 6 of the Civil Act, 'if there is a serious reason for making it difficult to continue the marriage between the husband and wife, 's communal living relationship corresponding to the essence of the marriage, which should be based on difficulties and trust between the husband and wife, has reached an unreparable pain for one spouse to continue the marriage life. In determining this, the existence of the intention to continue the marriage, the existence of the party's liability for the cause of failure, the period of marital life, the existence of the party's age, the party's age, the livelihood security after the divorce, and other circumstances of the marriage shall be taken into consideration equally. If it is deemed that the marital relationship between the husband and the wife has disappeared to the extent that the plaintiff's liability for the cause of failure is larger than the defendant's liability, a divorce claim shall be accepted (see, e.g., Supreme Court Decision 2010Meu1480, Jul. 15, 2010).

In principle, a claim for divorce against a responsible spouse is not permissible. The reason why no claim for divorce by the responsible spouse is allowed is in conflict with morality required by the marriage system and is to prevent any consequence contrary to the principle of good faith. Thus, even in light of the ideal of marriage and the principle of good faith, if the liability of the spouse remains not to remain enough to reject the claim for divorce, the claim for divorce by such spouse may be allowed as it does not go against the moral sense of society and ethics. Accordingly, if the other spouse has no intention to continue marriage, and there is no concern for divorce or divorce depending on one’s will, as well as where there is protection and care for the spouse and children to offset the responsibilities of the spouse claiming divorce, the claim for divorce should be dismissed to the extent that there is no special reason to permit divorce between the other spouse and his/her spouse’s life and mental distress after the lapse of the third month.

나 ) 이 사건에 관하여 보건대 , 피고는 이 사건 소송 과정에서 일관되게 이혼을 원하 지 않는다는 의사를 나타내고 있는 점 , 피고는 원고와의 혼인관계 회복을 위하여 부부 상담절차 등의 노력을 다하겠다는 의사를 밝히고 있는 점 , 비록 피고가 원고와 별거 직전 원고에 대해 이혼을 요구하였던 사정이 옅보이기는 하지만 , 이는 당시 원고에 대 한 일시적인 분노의 감정을 절제하지 못한 상태에서 감정적으로 대응하는 과정에서 발 생하였던 것으로 이해할 수 있는 점 등을 고려하면 , 피고가 단순한 오기나 보복적 감 정에서 원고의 이혼 청구에 응하지 않고 있다고 치부하기 어려울 뿐 아니라 , 이혼을 청구하는 원고의 유책성을 상쇄할 정도로 피고에 대한 보호와 배려가 이루어졌다거나 , 혼인파탄 이후 이미 상당한 세월이 지나 파탄 당시 현저하였던 원고의 유책성과 피고가 받은 정신적 고통이 점차 약화되어 쌍방 책임의 경중을 엄밀히 따지는 것이 더 이상 무 의미하게 된 경우 등 혼인생활의 파탄에 대한 유책성이 이혼청구를 배척해야 할 정도로 남아 있지 아니한 특별한 사정이 있다고 볼 수도 없다 .

Therefore, the marriage between the plaintiff and the defendant does not fall under the case where the claim for divorce by the responsible spouse is exceptionally allowed.

3) Sub-decisions

Therefore, the plaintiff's claim for divorce is groundless, and the plaintiff's claim for the remainder of the original claim premised on the divorce between the plaintiff and the defendant is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Lee Dong-ho