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Deals & Cases

Damages (general/other)

Divorce Specialist Attorney Consultation | A Divorce Specialist Attorney Who Secured Dismissal by Assisting the Defendant in a Lawsuit Against the Adulterous Partner

The client who received a divorce specialist attorney consultation had a relationship without knowing that the other person was a married man, and was then sued as the adulterous partner, but obtained a judgment dismissing the claim by establishing the injustice of the situation together with a divorce specialist attorney.

CONTENTS
  • 1. Divorce Specialist Attorney Consultation | The Circumstances of the Case
  • 2. Consultation With a Divorce Attorney | Appellate Strategy of a Divorce Attorney
    • - Assistance of the Divorce Attorney 1) Review of Whether a Tort Was Established
    • - Assistance of the Divorce Attorney 2) Analysis of Digital Materials
  • 3. Consultation With a Divorce Attorney | Result of Assistance on Appeal, Judgment Dismissing the Claim
  • 4. Consultation With a Divorce Attorney | If You Have Been Sued by an Aggrieved Spouse, Know This First
    • - Legal Basis for a Lawsuit by an Aggrieved Spouse
    • - Points to Note When Sued by an Aggrieved Spouse

1. Divorce Specialist Attorney Consultation | The Circumstances of the Case

divorce specialist attorney consultation defendant in a lawsuit against the adulterous partner being sued as the adulterous partner damages against the adulterous partner lawsuit against the spouse’s affair partner


The client who requested a divorce specialist attorney consultation worked as a freelance designer and came to know a man (hereinafter the other party) in the course of collaborating on an external project.

The other party explained that he was single and continuously expressed his affection for the client.

Trusting the other party’s words and conduct, the client naturally developed into a romantic relationship with him.

Because there was no suspicious behavior, such as periods when he could not be reached or a reluctance to meet on weekends, the client did not even imagine that the other party might be married.

Not long afterward, however, the client received certified mail relating to a claim for damages for adultery from the other party’s spouse (hereinafter the plaintiff).

Suddenly identified as the adulterous partner, the client was greatly shocked, and felt the injustice and confusion of having herself been deceived by the other party.

At first she tried to resolve the matter on her own without an attorney’s help, but the situation gradually grew more complicated as the plaintiff claimed damages on the basis of the fact of the relationship and the message records.

The client received a judgment at the first instance ordering her to pay damages in the tens of millions of won, and finding that judgment unjust, she requested a divorce specialist attorney consultation in order to appeal against the original judgment.

2. Consultation With a Divorce Attorney | Appellate Strategy of a Divorce Attorney

A claim for damages against an adulterous partner is recognized only when it constitutes a tort under the Civil Act.

The tort referred to here means, in simple terms, a situation in which the person entered into a relationship while aware that the other party was married, or failed to verify that fact even though it could reasonably have been known.

Following a consultation with the divorce attorney, the divorce attorney developed the response strategy around the central point that the client's conduct did not constitute a "tort."

Assistance of the Divorce Attorney 1) Review of Whether a Tort Was Established

The divorce attorney organized, in chronological order, the circumstances in which the client came to meet the other party, the fact that the other party had introduced himself as unmarried during their relationship, and the fact that there had been no circumstances whatsoever to suggest that he was married through their communications or meetings.

On this basis, the attorney argued that the client had acted without intent or even negligence and that no tort was established in this case.

Assistance of the Divorce Attorney 2) Analysis of Digital Materials

Through the consultation, the divorce attorney carefully reviewed the messenger records and contact history and strongly emphasized the fact that the other party had concealed his marital status.

The plaintiff's side argued that the marital status could have been sufficiently ascertained from family photographs posted on the husband's social media account.

In response, the divorce attorney, after a careful review of the messenger records, the social media screens, and the contact history, proved through evidence, with the assistance of the Evidence Investigation Center, that the other party's social media account had been set to private throughout the entire period of the relationship and that the client had never even installed that application.

In other words, the client had no means whatsoever of viewing the posts in question.

3. Consultation With a Divorce Attorney | Result of Assistance on Appeal, Judgment Dismissing the Claim

In this case, the appellate court overturned the judgment of the first instance and rendered a judgment dismissing the claim.

The court found that it was difficult to conclude that the client had been aware of the other party's marriage and that there was likewise insufficient ground to determine that she had failed to recognize it through negligence.

The court also held that the materials submitted by the other party alone were insufficient to establish the client's intent or negligence, and it therefore did not accept the claim for damages.

As a result, the client was able to overturn the judgment of several tens of millions of won in damages rendered at the first instance and to obtain a determination that she owed no damages to the plaintiff.

4. Consultation With a Divorce Attorney | If You Have Been Sued by an Aggrieved Spouse, Know This First

If you have been sued for damages in a lawsuit by an aggrieved spouse, it is important first to understand, through a consultation with a divorce attorney, in which cases liability for damages is recognized and how you may respond.

Legal Basis for a Lawsuit by an Aggrieved Spouse

A lawsuit by an aggrieved spouse is a civil action in which compensation for emotional harm is sought where the marital relationship is found to have been infringed by a spouse's infidelity.

It is conducted primarily on the basis of the tort liability provision in Article 750 of the Civil Act, and the central issue is whether harm was caused to another through intent or negligence.

In a lawsuit by an aggrieved spouse, liability is not recognized on the basis of the relationship alone.

A key consideration is whether the person knew that the other party was married, or whether the person continued the relationship even though this could sufficiently have been known.

Another central issue in such a lawsuit is whether the marriage was in fact being maintained normally at the time of the infidelity, or whether the marital relationship had already, in substance, broken down before the defendant's conduct.

If the marriage had already broken down before the infidelity, liability for damages may not be recognized.

In addition, caution is warranted, as whether the spouse suffered emotional distress as a result of the infidelity is also subject to legal determination.

Points to Note When Sued by an Aggrieved Spouse

As in the case involving a consultation with a divorce attorney, being identified as an adulterous partner does not in itself give rise to liability for damages.

However, a single misstep in the response can lead to an unfavorable outcome.

In actual cases, the court conducts a comprehensive review of whether the person knew of the other party's marriage, how the relationship came about, and how the person responded afterward.

In particular, deleting messenger records or making emotional contact during the early stages of the response may instead work to one's disadvantage, so caution is required.

Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), assists in resolving cases through systematic strategies, collaborating with legal experts across various fields as well as with its Evidence Investigation Center and Digital Forensics Center.

If you find yourself in a situation requiring assistance, as the client in the case involving a consultation with a divorce attorney did, we encourage you to proceed with a 🔗legal consultation booking.

이혼전문변호사상담 | 상간녀소송 피고 조력해 기각 이끈 이혼전문변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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