[Anyang Attorney Favorable Judgment Case] Damages Obtained Against the Adulterous Partner (Male) With the Help of the Anyang Attorney

The client's case, as understood by the Anyang attorney, was as follows.

The client's spouse was unemployed, liked exercise and drinking, and on that day too returned home late while intoxicated.

The phone was on, so the client checked it and found message content suggesting infidelity.

After confirming various circumstances, the client found that the spouse was having an affair with the adulterous partner (male), and accordingly visited Daeryun to claim damages against the adulterous partner.

The Anyang attorney emphasizes that the extinctive prescription for damages against an adulterous partner and the conditions for claiming consolation money, among other matters, must be examined carefully.

■ 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 three years from the date on which the victim or the victim's legal representative becomes aware of both the damage and the perpetrator.

② The same applies when ten years have elapsed from the date on which the tort was committed.

Accordingly, a lawsuit must be filed within three years from the date of becoming aware of the infidelity. If that time has not elapsed, a lawsuit against the adulterous partner is possible.

However, in a lawsuit against an adulterous partner, a tort claim for damages arising from the infidelity is recognized where the adulterous partner met the other person while knowing that the person was married, and if the adulterous partner met the person without knowing that the person was married, a tort claim for damages against the adulterous partner can be difficult to establish.

Please note that the consolation money that may be claimed against an adulterous partner varies depending on the duration of the relationship, whether there were sexual relations, whether there is a divorce, whether there are children, and similar factors.

The Anyang attorney informed the client that gathering evidence to confirm the infidelity between the spouse and the defendant was important, and proposed examining, among that evidence, the message records and the vehicle's dashboard camera.

In particular, while working to find evidence of the infidelity, the attorney confirmed from a phone call between the spouse and the defendant recorded on the vehicle's dashboard camera that the defendant had been aware that the client and his spouse were a married couple maintaining their marriage.

The Anyang attorney stated that the client suffered great psychological shock through this case.

The client was also close with the in-laws' family and had previously lived with them for a considerable period.

When the client thinks of his father-in-law and mother-in-law, who had cared for him like a son, the psychological shock is said to be even greater.

The above case is an account of a client who filed a lawsuit for damages against the adulterous partner (male) due to the spouse's infidelity.

As shown here, divorce arising from a spouse's affair and damages against an adulterous partner involve various competing interests, so grasping the facts and accurate information is important.

At Daeryun Law Firm, specialist attorneys who have handled numerous divorce and related damages lawsuits provide systematic assistance.

If you need help in a situation similar to the case above, you may reach out to Daeryun Law Firm at any time.