[Seongnam Attorney Claim for Damages Against the Adulterous Partner] Successful Claim for Consolation Money Against the Adulterous Partner with the Assistance of a Seongnam Attorney

The client who came to the Seongnam attorney came to suspect an affair as the spouse increasingly came home late.

The client then became fully aware of it when the adulterous partner's wife filed a damages lawsuit against the client's spouse for the affair.

After confirming evidence such as recording transcripts, the client learned of all the facts of the affair and came to Daeryun's Seongnam attorney in order to claim damages against the adulterous partner.

■ What is a lawsuit against the affair partner?

1. It refers to a lawsuit claiming consolation money against the person with whom a spouse had an affair.

2. It is established when the affair partner knew the other party was married and there was an act of infidelity between them.

3. It does not have to be filed together with a divorce lawsuit, and if divorce is not desired, it is acceptable to proceed with the lawsuit against the affair partner alone.

■ What evidence is needed for a lawsuit against the affair partner?

1. It is necessary to actually prove the fact that there was an act of infidelity between the spouse and the affair partner, and the fact that they met while the affair partner knew the spouse was married.

2. Various materials such as messenger logs, text messages, calls, and dashcam footage may be used.

3. Even without content directly related to sexual relations, a lawsuit is possible if there was an emotional connection.

4. The content must be such that a romantic relationship can be inferred, rather than ordinary content.

■ What should be noted when filing a lawsuit against the affair partner?

1. The lawsuit must be filed within 3 years from the date the affair was discovered and within 10 years from the date the affair occurred.

2. If the lawsuit is not filed promptly, the consolation money may be reduced.

3. If you forgave the affair and let it pass and then later become aware of it again, a claim for damages may not be possible.

4. If you respond to a spouse's affair by having an affair yourself, you may become a wrongdoer, so you should not respond emotionally.

5. Insulting and defaming the affair partner are subject to legal punishment.

6. You should lawfully collect evidence that may carry probative value and respond rationally.

The Seongnam attorney argued that the defendant, the adulterous partner, was aware that the client's spouse was a married woman when he engaged in the affair, and that this ultimately led the marriage to break down.

The attorney again confirmed the call records within the dashcam footage that supported this and submitted them as evidence.

The Seongnam attorney argued that the client suffered irreparable mental distress through this incident.

The defendant infringed upon the client's marital community of life and accordingly bears the obligation to pay consolation money for the mental suffering.

In this case, a client who learned of a spouse's affair filed a damages lawsuit against the adulterous partner.

When claiming damages against an affair partner due to a spouse's affair in this way, an emotional response is not advisable, and one should rationally collect materials and become familiar with the relevant statutes.

At Daeryun Law Firm, attorneys experienced in numerous divorce and related damages lawsuits provide systematic assistance and work toward a resolution.

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