CONTENTS
- 1. The Client Who Came to an Attorney for a Lawsuit Against the Adulterous Partner (Female)
- - The Circumstances That Led to the Decision to File the Lawsuit Against the Adulterous Partner (Female)
- 2. Matters of Support by the Attorney for the Lawsuit Against the Adulterous Partner (Female)
- - Rebuttal of the Argument That the Marriage Had Already Broken Down
- - Construction of the Legal Theory on the Establishment of the Act of Infidelity
- - Proof of the Emotional Harm Caused by the Infidelity
- 3. The Result of the Support by the Attorney for the Lawsuit Against the Adulterous Partner (Female): 'Full Acceptance of the Damages'
- - Matters That Must Be Confirmed When Responding to a Lawsuit Against the Spouse's Affair Partner
- - If You Have Resolved to File a Lawsuit Against the Adulterous Partner (Female)?
1. The Client Who Came to an Attorney for a Lawsuit Against the Adulterous Partner (Female)
The client who came to an attorney for a lawsuit against the adulterous partner (female) had, after learning of her husband's repeated infidelity, fallen into a state of severe betrayal and confusion in which even daily life was difficult to manage.
Accordingly, the client resolved to file a lawsuit against the adulterous partner (female) for damages in order to hold the husband and the adulterous partner legally responsible for the emotional harm they had caused.
The Circumstances That Led to the Decision to File the Lawsuit Against the Adulterous Partner (Female)
The client had completed her marriage registration and built a family 10 years earlier.
However, her once-peaceful daily life began to be shaken by her husband's frequent late returns home and nights spent away.
Suspecting infidelity, the client began recording using a tablet device inside the home.
As a result, she learned that her husband had maintained an inappropriate relationship with another woman over a long period of three years.
Greatly shocked, the client requested the assistance of an attorney for a lawsuit against the adulterous partner (female) in order to bring her marital relationship to an end and, at the same time, to hold the adulterous partner legally responsible.
2. Matters of Support by the Attorney for the Lawsuit Against the Adulterous Partner (Female)
The attorney for the lawsuit against the adulterous partner (female) reviewed in advance, through consultations with the client, the counterarguments that the defendant might raise.
During the lawsuit, the adulterous partner attempted to evade responsibility by arguing that the client's marriage had already broken down before the two of them began their relationship.
She also attempted to reduce the amount of consolation money by arguing that, although there had been physical contact, there had been no sexual intercourse.
In response, the attorney for the lawsuit against the adulterous partner (female) established a strategy to rebut the defendant's arguments on the basis of objective evidence and precedent.
Rebuttal of the Argument That the Marriage Had Already Broken Down
The attorney for the lawsuit against the adulterous partner (female) took note of the fact that the adulterous partner had argued "the client's marital relationship had already broken down" and had submitted part of a KakaoTalk conversation as evidence.
However, the attorney made clear that a transient emotional dispute or conflict alone makes it difficult to find that the marital relationship had reached a state that was beyond recovery in legal terms.
In addition, on the basis of Supreme Court precedent, the attorney for the lawsuit against the adulterous partner (female) pointed out that the burden of proof lies with a third party who claims that the marriage had substantially broken down at the time of the act of infidelity, and persuasively explained that the opposing party's argument was difficult to accept as a matter of legal principle.
Construction of the Legal Theory on the Establishment of the Act of Infidelity
The attorney for the lawsuit against the adulterous partner (female) also responded actively to the part in which the adulterous partner denied the fact of sexual intercourse and argued that it had been nothing more than a simple acquaintance.
The attorney developed the argument centered on the point that, even if sexual intercourse is not clearly proven, an intimate exchange at a level that infringes the spouses' duty of fidelity may be assessed as an act of infidelity.
To this end, the attorney for the lawsuit against the adulterous partner (female) submitted lawfully collected video and photographic materials and proved in concrete terms that the relationship between the two was at a level that cannot be tolerated under generally accepted social norms.
Proof of the Emotional Harm Caused by the Infidelity
The attorney for the lawsuit against the adulterous partner (female) regarded the psychological suffering that the client experienced after becoming aware of the infidelity as an important issue.
The client was undergoing concurrent psychiatric treatment for insomnia, anxiety, and depressive symptoms, which were having a considerable effect on her daily life and on child-rearing.
On the basis of the client's medical certificate and treatment records, the attorney for the lawsuit against the adulterous partner (female) demonstrated that emotional harm caused by the infidelity had objectively occurred, and emphasized that liability for damages should be attributed to the adulterous partner.
3. The Result of the Support by the Attorney for the Lawsuit Against the Adulterous Partner (Female): 'Full Acceptance of the Damages'
As a result of the systematic response by the attorney for the lawsuit against the adulterous partner (female), the court recognized all of the defendant's liability and issued a judgment ordering payment of the full amount of damages claimed by the client.
The court recognized all of the adulterous partner's act of infidelity, the resulting infringement of the marital relationship, and the emotional harm suffered by the client.
Matters That Must Be Confirmed When Responding to a Lawsuit Against the Spouse's Affair Partner
If you are preparing a lawsuit against the spouse's affair partner over your spouse's infidelity, securing legally valid evidence should take priority over an emotional response.
Element to Confirm | Explanation |
| Legality of the evidence | When collecting materials such as dashcam footage, receipts, and recorded conversations, you must take care not to use unlawful methods. |
| Scope of the act of infidelity | Even without sexual intercourse, expressions of affection or secret meetings that can be regarded as those of a romantic relationship may be deemed an act of infidelity. |
| Confirmation of the extinctive prescription | A lawsuit must be filed within 3 years from the day on which the fact of the infidelity became known, and within 10 years from the day on which the act of infidelity occurred. |
If You Have Resolved to File a Lawsuit Against the Adulterous Partner (Female)?
Immediately after learning of a spouse's infidelity, it is difficult to make a calm judgment, and if you go directly to the defendant and hurl abuse or harm the defendant's reputation, you may become subject to criminal punishment.
In addition, when the defendant's side responds with claims such as "were things not already bad between you," it is not easy to rebut without legal knowledge.
Therefore, it is important to select objective evidence from the outset and to establish a logical response framework against the opposing party's anticipated arguments on the basis of precedent.
At Daeryun Law Firm, an attorney for a lawsuit against the adulterous partner (female) takes responsibility for and provides support throughout the entire process, from consultation to litigation, and continues to respond with care so that the client can ease the psychological burden even in sensitive matters.
If you have resolved to file a lawsuit against the adulterous partner (female) in a situation such as the above, please request assistance at any time through Daeryun Law Firm's 🔗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.
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