Wife, a "Figurehead CEO," Falsely Accuses Husband of Infidelity
Files for Divorce Alleging Affair and Domestic Violence
A story has emerged about a wife who allegedly fabricated claims of her husband's affair in an attempt to take over the company he built.
On the 23rd, YTN Radio's program "Attorney Cho Inseop's Counseling Center" featured the concerns of Mr. A, who had worked as a developer before starting his own business. On the show, Mr. A shared what he described as his unfair situation and sought legal advice.
Mr. A said, "When we got married, my wife started with nothing, but I believed love alone was enough," adding, "After many years as an employee, I went independent and founded a company, but at that time I made a critical mistake in judgment."
He explained, "To enhance external credibility and from a sales perspective, I appointed my well-educated wife as CEO and remained as an inside director in charge of actual management and development work." He added that his wife had absolutely no practical work experience.
Assets in the wife's name, debts in the husband's name
The actual operation of the company was effectively Mr. A's responsibility. As the business became established, profits increased, and based on this, he also engaged in real estate and stock investments. The problem lay in how assets and liabilities were structured.
Mr. A said, "Most of the assets were put under my wife's name, while I took on any business-related debts under my own name," adding, "It was a choice made to prepare for unforeseen risks."
However, the wife was barely involved in running the company and, according to Mr. A, her attitude toward daily life was not diligent either. He claimed, "When I came home exhausted, she would even say, 'Do you think you are something special just because you make money?'"
Allegations of infidelity and violence, followed by a divorce lawsuit
The situation changed drastically when a divorce complaint arrived. Mr. A said, "My wife filed for divorce on the grounds of assault and infidelity," adding, "She even claimed I was having an inappropriate relationship with the company’s accounting staff. I have never had any conversations with her outside of work."
It is further reported that the wife is asserting that, since she served as CEO, the company’s actual ownership also belongs to her. Mr. A sought advice, saying, "My wife is trying to swallow whole the company I built with my blood and sweat."
In response, attorney Lim Hyeongchang said, "As a rule, property acquired in the sole name of one spouse during the marriage is presumed to be that spouse’s separate property. However, that presumption can be overturned depending on which spouse actually contributed to forming the property," and added, "If you can clearly prove that most of the assets were created through Mr. A’s substantial contribution, there does not seem to be any disadvantage in terms of contribution."
He continued, "When dividing property, if the value of shares in an unlisted company, which are not publicly traded, needs to be determined, you can file a motion with the court for an appraisal. An appraiser will then be appointed and an appraisal will be conducted," adding, "In this way, a per-share price will be assessed, and since the wife’s status as a shareholder will be confirmed, it will be necessary to prove that she could not participate in running the business due to her lack of programming knowledge, and that she did not receive any salary."
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