[Suseong-gu Divorce Attorney Won] Suseong-gu Divorce Attorney, Successful Claim for 20 Million Won in Consolation Money Against the Adulterous Male Partner

The client who came to the Suseong-gu divorce attorney had, during the marriage, frequently quarreled with his wife over the issue of her often going out drinking with friends and returning home late.

One day, while waiting for his wife to come home, the client called her.

However, the person who answered the call was not his wife but an unknown man.

As a result, the client quarreled severely with his wife and they began living separately.

While living apart from his wife, the client learned that the adulterous male partner and his wife had been in a relationship and had committed adultery.

Feeling deeply betrayed, the client came to the Suseong-gu divorce attorney in order to proceed with a damages lawsuit against the adulterous male partner.

■ Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages)

① The right to claim damages arising from a tort shall be extinguished by prescription if it is not exercised within 3 years from the date on which the victim or his or her legal representative became aware of the damage and the tortfeasor.

② The same shall apply when 10 years have elapsed from the date the tort was committed.

■ Points to Note in a Consolation Money Lawsuit Against an Affair Partner

Where the marital community has broken down due to discord and prolonged separation so that the substance of married life no longer exists and the marriage has reached a point objectively beyond recovery, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages against the third party.

■ Consolation money may be claimed against an affair partner who is responsible for the breakdown of the marriage, but the affair partner is not subject to such a claim where the following conditions apply

1. Where the affair partner could not have known of the marital status of my spouse

2. Where the de facto marital relationship had already ended before the affair occurred

▶ The Suseong-gu divorce attorney emphasized that conduct in which a third party, by committing adultery with one of the spouses, infringes on the marital community or interferes with its maintenance and infringes on the spousal right pertaining to it, thereby inflicting mental suffering on the spouse, constitutes a tort.

▶ The Suseong-gu divorce attorney emphasized that the defendant committed adultery with the client's wife while knowing that she had a spouse, and that the marriage broke down as a result.

▶ The Suseong-gu divorce attorney emphasized that, because it is clear that the client would have suffered mental distress as a result of the defendant's tort, the defendant is liable to compensate for the mental harm the client sustained.

The case above was one in which a damages lawsuit was filed after the client's marriage broke down due to the involvement of a third party, the adulterous male partner.

The client, with the assistance of the Suseong-gu divorce attorney, succeeded in claiming consolation money against the adulterous male partner.

If there is someone facing a situation like this case who needs the assistance of a specialized attorney, you may come to the Suseong-gu divorce attorney at any time.

We will actively assist with your case.