Defense against a Lawsuit by an Adulterous Partner (Male) | Defense Resulting in Full Dismissal of a 30 Million Won Consolation Money Claim in a Lawsuit against the Adulterous Partner (Male)

The client came to know A, the plaintiff's wife, through an acquaintance.

At the time, the acquaintance introduced A to the client as unmarried, and the client trusted this and continued to meet with A.

During the relationship, A frequently repeated remarks such as “let us get married” and “I want to be with you,” actively courting the client.

Before long, however, the client learned that A was in a common-law marriage.

The plaintiff, who was in a common-law marriage with A, filed a lawsuit against the adulterous partner (male), claiming that the client had led the affair with A while knowing that A had a common-law spouse and had driven a wedge between the couple, and demanded payment of 30 million won in consolation money.

In response, the client requested assistance from a divorce attorney at Daeryun LLC to defend against the lawsuit brought against the adulterous partner (male).

After the legal consultation with the client, the divorce attorney specializing in divorce confirmed that there was no valid basis for the lawsuit against the adulterous partner (male) to be brought against the client, and mounted a defense through the following measures.

1) Arguing that the client was unaware of the common-law marriage

The divorce attorney secured the acquaintance's statement and the records of the messages exchanged when the client first met A.

Through the acquaintance's statement that “because A did not disclose the existence of a common-law spouse, A was introduced as unmarried” and A's message stating “I am not married,” the attorney established that the client could not have been aware of the common-law marriage at all.

2) Proving A's active courtship

The divorce attorney organized and submitted records of the gifts A had sent to the client and conversation logs containing remarks such as “I want to live together,” thereby proving that A had actively courted the client first.

On this basis, the attorney strongly argued that the plaintiff's claim that the client had led the affair lacked credibility.

3) Establishing the prior breakdown of the common-law marriage and denying causation

A and the plaintiff had cohabited in a common-law marriage for approximately two years, but thereafter maintained a state of separation by living in different residences, and it was confirmed that the plaintiff had only remitted funds to A as living expenses.

On this basis, the attorney argued that by the time the client and A began their relationship, the substance of the common-law marriage had already ceased to exist, and it was difficult to find that the marital relationship had been newly broken down by the client's conduct.

① An affair between the wife and the adulterous partner must exist

An affair requires more than mere contact or acquaintance; there must be sexual contact or intimate association of a degree that, from the perspective of an ordinary person, can be regarded as a violation of the spousal duty of fidelity.

② The affair must have effectively caused the breakdown of the marital relationship

causal relationship under which the adulterous partner's conduct substantially broke down the marital relationship or affected its breakdown, and if the marital relationship had already broken down, it is difficult to hold the partner liable.

③ Mental suffering must have resulted therefrom

the duration and repetition of the affair, its content, and the reaction of the injured spouse, among other factors.

1) Establishing whether one was aware of the marriage or common-law marriage

Proving that one did not know that the other party was a married person or in a common-law marriage is the key issue in defending against a lawsuit by the adulterous partner (male).

text and messenger content from the time of the relationship, the manner of introduction by acquaintances, and the other party's statements.

2) Establishing the prior breakdown of the marital relationship and severing causation

material showing that the parties were already separated before the affair or that the marital relationship had effectively dissolved, it should be actively submitted.

It is important to argue, on the basis of separate residences and records of living-expense remittances, that it is difficult to find that the marital relationship broke down because of the client's conduct.

3) Rebutting the claims of an affair and mental harm

One must specifically contest, on the basis of the nature, frequency, and duration of the meetings, that the conduct does not constitute an affair.

In addition, it is essential to also rebut the point that the mental harm asserted by the plaintiff is excessive.

Because it is important to organize the matter by distinguishing the facts from the legal issues, reviewing a response strategy with the assistance of a divorce attorney experienced in defending against lawsuits by the adulterous partner (male) is one option.

If you would like to know the legal criteria that apply to your particular situation regarding a defense against a lawsuit by the adulterous partner (male), you may confirm a specific course of action through a 🔗legal consultation appointment.

Q. I need a defense against a lawsuit by the adulterous partner (male). How much consolation money is typically awarded?

To defend against a lawsuit by the adulterous partner (male), an answer must be submitted within 30 days from the date the complaint is served. If an answer is not filed within this period, you may lose the case through a judgment without pleadings, so it is advisable to consult an attorney specializing in divorce promptly to have your situation assessed.