CONTENTS
- 1. Consolation Money for Infidelity | Background of the Case
- 2. Consolation Money for Infidelity | Scope of Assistance
- - Proving the Causal Relationship Between the Prolonged Infidelity and the Breakdown
- - Emphasizing the Secondary Harm and Malicious Attitude
- - Securing Medical Records Regarding the Emotional Harm
- 3. Consolation Money for Infidelity | Result of the Assistance
- - Key Issues and Response Strategy in a Lawsuit Against the Adulterous Partner (Female)
- - If You Need Assistance With a Lawsuit Against the Affair Partner
1. Consolation Money for Infidelity | Background of the Case
This case, which gave rise to the claim for consolation money for infidelity, arose from the client's situation, in which the client endured severe emotional distress caused by the former spouse's repeated affair and the active involvement of a third party.
During the marriage, the other party's infidelity drove the marital relationship to a breakdown beyond repair, which ultimately led to a divorce by agreement.
The defendant continued the infidelity over a long period despite being aware of the client's existence, and even after the divorce, the defendant repeatedly made contact and engaged in mocking remarks, thereby aggravating the client's suffering.
In addition, the defendant displayed inappropriate behavior, such as causing a disturbance in public places, and maintained an attitude of acting as though the defendant were the victim, without any apology or remorse.
Amid this repeated harm and emotional suffering, the client reached a point that could no longer be endured alone and sought out a divorce attorney in order to restore the client's rightful entitlements.
2. Consolation Money for Infidelity | Scope of Assistance
In the case seeking consolation money for infidelity, the divorce attorney established a systematic strategy of proof centered on the cause of the marital breakdown, the defendant's malicious conduct, and the emotional harm sustained by the client, and proceeded to provide assistance.
Proving the Causal Relationship Between the Prolonged Infidelity and the Breakdown
The divorce attorney specifically proved the long-term infidelity between the defendant and the client's former spouse through records of entry into lodging establishments, replies to fact-finding inquiries to telecommunications carriers, and written statements.
These materials served as key evidence demonstrating that the principal cause of the marital breakdown lay in the defendant's conduct.
Emphasizing the Secondary Harm and Malicious Attitude
The divorce attorney characterized as clear secondary harm the circumstances in which the defendant continuously called the client to mock the client, caused a physical disturbance in front of others, and displayed brazen behavior without any apology.
The divorce attorney emphasized, through supporting evidence such as a written statement from a café staff member and the records of a 112 emergency report, that the defendant's attitude was highly likely to draw social condemnation.
Securing Medical Records Regarding the Emotional Harm
The divorce attorney proved, through medical records and a medical certificate, the emotional harm the client experienced, including depression, anxiety disorder, and insomnia, and this served as key evidence that had a substantial effect on the calculation of the consolation money.
In particular, the attorney persuasively conveyed the legitimacy of the amount of the consolation money claim by emphasizing that the emotional suffering was severe enough to restrict the victim's daily life.
3. Consolation Money for Infidelity | Result of the Assistance
In the case seeking consolation money for infidelity, the court recognized that the defendant was not only the direct cause of the marital breakdown but also continued to engage in secondary harm thereafter, such as persistently mocking and insulting the plaintiff.
Accordingly, the defendant received a judgment ordering payment of 30 million won in consolation money to the plaintiff.
This judgment is a case in which, beyond the infidelity itself, the prolonged affair, the unrepentant attitude, and the repeated emotional violation of the victim were comprehensively reflected as aggravating factors for the consolation money.
Key Issues and Response Strategy in a Lawsuit Against the Adulterous Partner (Female)
A claim for consolation money for infidelity ordinarily leads to a 'claim for damages against the affair partner' and is filed on the basis of tort liability under Article 750 of the Civil Act.
The so-called lawsuit against the adulterous partner (female) arises from the premise that the partner in a married spouse's infidelity must bear liability for the emotional harm.
Principal Grounds on Which a Lawsuit Against the Adulterous Partner (Female) Is Filed
-Infidelity occurred between the spouse and a third party during the marriage
-The other party knew or could have known that the spouse was married
-The marital relationship was substantially being maintained at the time (that is, if it had already broken down, the claim may be dismissed)
Infidelity is not limited to physical contact, and liability for consolation money may be recognized based solely on emotional intimacy or interaction close enough to be mistaken, by ordinary social standards, for a relationship beyond marriage.
If You Need Assistance With a Lawsuit Against the Affair Partner
A lawsuit against the affair partner hinges not on emotional reactions but on thorough collection of evidence and a strategic filing of the suit.
Because such cases are especially prone to various contingencies, including concerns over invasion of privacy, emotional harm, and the burden of litigation, a comprehensive response system is required, ranging from protection of the client's personal safety to psychological recovery.
When proceeding with a lawsuit against the affair partner, we provide support not only for securing evidence but also for the client's safety and recovery, working in close coordination with our evidence investigation center, digital forensics center, psychological counseling center, and security center.
If filing a lawsuit against the affair partner or collecting evidence feels burdensome or difficult, we recommend that you proceed with a consultation through a 🔗legal consultation appointment now.
We provide assistance with a tailored legal strategy that takes into account the complexity of the case and the client's circumstances.
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.
