CONTENTS
- 1. The Story of the Client Who Sought Out a Specialized Attorney for Lawsuits against an Affair Partner

- - The Assistance of a Specialized Attorney for Lawsuits against an Affair Partner
- - Result of the Assistance of a Specialized Attorney for Lawsuits against an Affair Partner, Winning the Case
- 2. What a Specialized Attorney for Lawsuits against an Affair Partner Tells You about Lawsuits against a Male Affair Partner

- - Elements of Establishment of a Lawsuit against a Male Affair Partner
- - Factors for Determining Consolation Money
- 3. Response Strategy Emphasized by a Specialized Attorney for Lawsuits against an Affair Partner

- - The Assistance of a Specialized Attorney for Lawsuits against an Affair Partner
1. The Story of the Client Who Sought Out a Specialized Attorney for Lawsuits against an Affair Partner

The client who sought out a specialized attorney for lawsuits against an affair partner wished to file a damages lawsuit against the male affair partner.
The client had maintained a married life with the spouse for 20 years.
One day, the client discovered messages on the wife's mobile phone containing content such as “I miss you” and “I love you.”
The person who sent the messages was the wife's workplace colleague, Mr. A (hereinafter “the defendant”), a person who had frequently visited and been on close terms with the client as well.
Shocked, the client questioned the wife, and the wife admitted her wrongdoing and begged the client for forgiveness.
At that time, the defendant also showed an appearance of sincerely apologizing to the client, so the client, thinking of the children, forgave the spouse and the defendant.
However, several years later, the client again came to learn that the defendant had visited the client's home several times and committed an affair with the spouse.
The client thereupon determined that he could no longer endure it, resolved to file a damages lawsuit against the defendant, the male affair partner, and sought out a specialized attorney for lawsuits against an affair partner.
The Assistance of a Specialized Attorney for Lawsuits against an Affair Partner
1) Proving the Affair through Collection of Evidence
The specialized attorney for lawsuits against an affair partner first collected evidence to prove the affair under the law.
collaboration with the internal evidence investigation center, the attorney secured the CCTV from the parking lot in front of the client's home, and as a result of analyzing it, was able to secure footage in which, after the wife's vehicle entered, the defendant's vehicle followed in at 5-minute intervals.
Based on this, the specialized attorney for lawsuits against an affair partner analyzed the times at which the defendant's vehicle entered and left, and proved that the defendant had committed an affair with the client's wife for at least 5 months.
2) Asserting Tort Liability under the Law through Precedent
An act in which a third party commits an affair with one spouse of a married couple, thereby infringing on the conjugal community life that constitutes the essence of marriage or obstructing its maintenance, and infringing on the right as a spouse and inflicting mental suffering on the spouse, in principle constitutes a tort
The specialized attorney for lawsuits against an affair partner emphasized that the defendant and the wife had already admitted their affair.
Accordingly, the attorney asserted that, under that precedent, the liability for damages for the tort rested with the defendant.
3) Emphasizing the Client's Mental Suffering
securing the opinion of a psychiatrist, psychological counseling records, and the like, the attorney emphasized that the client was suffering severe mental distress due to the defendant's affair, and asserted that, accordingly, the defendant had an obligation to compensate the plaintiff for the mental suffering he had sustained.
Result of the Assistance of a Specialized Attorney for Lawsuits against an Affair Partner, Winning the Case
The court recognized the point that the defendant had committed an affair with the plaintiff's spouse over a long period, thereby infringing on the marital relationship and inflicting mental suffering on the plaintiff.
Accordingly, the court determined that the defendant's act constituted a tort and ruled that the defendant pay the plaintiff 40 million won in consolation money.
Through the assistance of the specialized attorney for lawsuits against an affair partner, the client was able to conclude the lawsuit against the male affair partner without incident.
2. What a Specialized Attorney for Lawsuits against an Affair Partner Tells You about Lawsuits against a Male Affair Partner
A lawsuit against a male affair partner is a civil lawsuit in which, where a spouse commits an affair during marriage, consolation money for the mental harm is claimed against the male affair partner.
A person who causes loss to another by an unlawful act intentionally or by negligence shall be liable to compensate for such loss.
This is based on Article 750 of the Civil Act, and in the case of a lawsuit against a male affair partner as well, if loss has been caused to another through an affair under the law, legal liability can be pursued.
Elements of Establishment of a Lawsuit against a Male Affair Partner
1) Existence of an Affair
An intimate association or sexual relationship to the extent that it can be regarded as a violation of the spousal duty of fidelity must be recognized.
A sexual relationship does not necessarily need to be proven, and an affair may be determined based on objective circumstances alone.
2) Whether the Marital Relationship Has Broken Down
the affair actually damaged the marital relationship or affected its breakdown.
If the marital relationship had already been effectively terminated, it is difficult for the male affair partner's liability to be recognized.
3) Occurrence of Mental Suffering
considerable mental suffering was sustained as a result of the affair.
The court determines whether mental harm exists by comprehensively considering the duration, repetitiveness, and content of the affair.
Factors for Determining Consolation Money
Factors Considered |
The wrongfulness and severity of the affair |
Duration of the marriage |
Duration and degree of the affair |
Degree of breakdown of the marital relationship |
Financial condition and standard of living |
Circumstances related to children |
Degree of mental suffering |
The court mainly determines the amount by comprehensively considering factors such as those above.
3. Response Strategy Emphasized by a Specialized Attorney for Lawsuits against an Affair Partner
A specialized attorney for lawsuits against an affair partner emphasizes that the following three facts must be proven in a lawsuit against a male affair partner.
▶The point that mental suffering was sustained as a result of that affair
▶The point that the male affair partner was aware of the wife's married status
In a lawsuit against a male affair partner, proof of various factors is required, such as the existence of the affair, whether the marital relationship was maintained, and whether the other party was aware.
Accordingly, the specialized attorney for lawsuits against an affair partner collaborates with the internal evidence investigation center and carries out systematic collection and organization centered on objective evidence that can be recognized in court.
The Assistance of a Specialized Attorney for Lawsuits against an Affair Partner
1) Securing Objective Evidence to Prove the Affair
By collecting text messages, SNS conversations, CCTV footage, location records, and the like, the attorney proves the point that the two persons committed an affair under the law.
Through this, the attorney asserts that it was not a mere exchange but an affair that violated the duty of fidelity.
2) Organizing the Maintenance and Breakdown Circumstances of the Marital Relationship
The attorney secures materials showing that the marital relationship was normally maintained up until the affair.
emphasizing that the marital relationship was substantively damaged as a result of the affair, the attorney clarifies the liability for consolation money.
3) Proving the Male Affair Partner's Awareness and Liability
The attorney collects circumstantial evidence that the male affair partner was aware of, or could have been aware of, the spouse's married status.
On this basis, the attorney asserts the male affair partner's intent or negligence and proves tort liability.
If you need the assistance of a specialized attorney for lawsuits against an affair partner, please receive a consultation on the response direction suited to your matter through the 🔗legal consultation reservation.

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.










