CONTENTS
- 1. Spousal Infidelity | Overview of the Case
- - What Is a Lawsuit against the Spouse's Affair Partner?
- 2. Spousal Infidelity | Content of the Assistance
- - Collection of Evidence of Spousal Infidelity and Organization of the Facts
- - Filing of the Complaint for Consolation Money and Emphasis on the Harm
- - Rebuttal of and Response to the Affair Partner's False Arguments
- 3. Spousal Infidelity | Result of the Assistance, the Full 40 Million Won Granted
1. Spousal Infidelity | Overview of the Case
The client, who suffered serious psychological distress due to spousal infidelity, came to request assistance.
As the spouse's outings became frequent from the previous year and instances of being out of contact recurred, the client came to suspect spousal infidelity.
Decisively, the client confirmed the contents of conversations with a person presumed to be the affair partner on the spouse's mobile phone, and the fact of the spouse's infidelity became clear through hospital treatment receipts, vehicle location records, and other materials.
The client wished to proceed with the divorce process separately and to file a lawsuit in order to claim consolation money from the affair partner who had been the cause of the breakdown of the marriage.
What Is a Lawsuit against the Spouse's Affair Partner?
A lawsuit against the spouse's affair partner is a claim for damages for a tort under Article 750 of the Civil Act.
| Civil Act Article 750 (Content of a Tort) A person who causes loss to another by an unlawful act, whether intentionally or negligently, shall be liable to compensate for such loss. |
The Civil Act provides for the duty of fidelity between spouses, and it recognizes the tort liability of an affair partner who engages in an inappropriate relationship with a married person during the marriage.
Accordingly, if the fact of the spouse's infidelity during the marriage is clear and the other party knew that the spouse was married, this lawsuit may be filed.
Through this, consolation money for psychological harm may be recovered, and the general procedure for a lawsuit against the spouse's affair partner is as follows.
Procedure for a Lawsuit against the Spouse's Affair Partner Preparation and filing of the complaint with the court → Submission of the answer and examination of evidence → Conduct of the pleading dates → Pronouncement of judgment and execution |
In the complaint, it is important not merely to make an emotional appeal but to organize and set out specifically when and how the infidelity took place and how the marital relationship broke down as a result.
While the trial is in progress, the answer submitted by the affair partner must be reviewed, additional evidence must be organized in response to the denial arguments, and the fact of the infidelity and the psychological distress actually caused by it must be explained persuasively at the pleading dates.
In addition, a response that takes into account follow-up procedures to secure performance is necessary in preparation for cases in which the consolation money is not voluntarily paid even after the judgment has become final.
2. Spousal Infidelity | Content of the Assistance
In a spousal infidelity case, the key is not mere suspicion but establishing objective evidence and a consistent structure of argument that the court can recognize.
Collection of Evidence of Spousal Infidelity and Organization of the Facts
The divorce attorney first reviewed the materials secured by the client and then set about securing specific evidence to prove the spousal infidelity.
In addition to materials already secured, such as message screenshots, hotel receipts, and vehicle location records, the attorney supplemented additional supporting materials, including the spouse's hospital treatment records, call logs, and CCTV footage.
In this way, it was possible to clearly organize the timing and location of the infidelity, as well as whether the affair partner was aware of the spouse's marriage.
Filing of the Complaint for Consolation Money and Emphasis on the Harm
Based on the secured evidence, the divorce attorney filed a complaint claiming 40 million won in consolation money against the affair partner.
In particular, the attorney emphasized that, due to the spousal infidelity, the client was receiving psychiatric treatment for severe insomnia and anxiety symptoms, and attached the actual treatment records and the contents of the medication prescriptions as evidence.
In addition, a copy of the complaint confirming that the divorce litigation was in progress was submitted together, thereby proving the connection to the breakdown of the marital relationship.
Rebuttal of and Response to the Affair Partner's False Arguments
The affair partner argued, “I thought the spouse was already living separately,” and, “I did not know that the spouse was married.”
In response, the divorce attorney proved that the affair partner had visited the client's home on several occasions in the past, and emphasized the circumstances among the messages exchanged between the affair partner and the spouse showing recognition of the client's existence, thereby strongly pressing the affair partner's liability for continuing the relationship despite being aware of the spousal infidelity.
3. Spousal Infidelity | Result of the Assistance, the Full 40 Million Won Granted
In a matter in which spousal infidelity led to the breakdown of the marriage, the court recognized that the defendant had continued the infidelity while fully aware that the spouse was married and that the client had suffered considerable psychological distress as a result.
Accordingly, a judgment was issued ordering the defendant to pay the plaintiff 40 million won in consolation money.
As shown here, spousal infidelity is a matter that inflicts great psychological distress on the parties involved, and it can extend beyond mere infidelity to legal liability for the breakdown of the family.
Because the organization of evidence and a structured response are the key to a claim for consolation money for spousal infidelity, if you find yourself in a similar situation, please do not struggle alone, and 🔗legal consultation appointment to receive a consultation.
At Daeryun Law Firm, we establish response strategies tailored to each client based on data from handling numerous lawsuits against affair partners.
In addition, we provide post-resolution management services following a lawsuit against an affair partner, supporting the client's complete return to daily life.
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