[Jinju Damages Attorney Favorable Judgment Case] Jinju Damages Attorney Succeeds in Obtaining the Full Amount of Consolation Money in a Lawsuit Against the Adulterous Partner

CONTENTS

1. The Client Who Visited the Jinju Damages Attorney
- - The Jinju Damages Attorney’s Consultation
- - Relevant Statutes Explained by the Jinju Damages Attorney
2. The Jinju Damages Attorney’s Assistance
- - Jinju Damages Attorney Argues That the Defendant Maintained the Affair Despite Knowing the Husband Had a Family
- - Jinju Damages Attorney Argues That the Defendant Continuously Received Living Expenses From the Husband
- - Jinju Damages Attorney Argues That Damages Are Warranted for the Emotional Shock Suffered by the Client
3. With the Jinju Damages Attorney’s Assistance, the Full Amount of Damages in the Lawsuit Against the Adulterous Partner Was Granted
- - If You Wish to Pursue a Lawsuit Against the Adulterous Partner Through the Jinju Damages Attorney

1. The Client Who Visited the Jinju Damages Attorney

The client who visited the Jinju damages attorney had learned that, beginning about two years before her spouse passed away, there had been an adulterous partner with whom he had maintained an affair for approximately ten years, and she wished to proceed with a lawsuit to claim damages for this.

The Jinju Damages Attorney’s Consultation

The Jinju damages attorney conducted a thorough consultation with the client and identified the circumstances of the case.

During approximately thirty years of marriage with the client, the client’s husband was given a terminal diagnosis due to liver cancer, and the client was admitted to the hospital together with him and cared for him devotedly.
The husband had worked at a company operated by the client’s older brother, who paid him more than double his existing salary so that he could focus on treatment, which also helped with the hospital bills and the demands of caregiving.
At a certain point, however, the husband began to pick fights with the client and their children and to lose his temper without reason, and he eventually stopped even the monthly living expenses of 800,000 won that he had been sending.
In the end, the client came to discover the husband’s affair with the adulterous partner, which occurred two years before his death.

Falling into severe emotional shock as a result, the client began preparing a lawsuit to claim consolation money for this.

Relevant Statutes Explained by the Jinju Damages Attorney

▣ Lawsuit Against the Spouse’s Affair Partner

● Where a Third Party Is Responsible for the Breakdown of the Marriage

This refers to situations such as where parents-in-law, a concubine, or a spouse’s adultery partner improperly interferes with the marital life and brings the marriage to a breakdown, or where the parties are subjected to assault, abuse, or insult by parents-in-law to a degree that makes it harsh to require continuation of the marital life.

[Supreme Court Judgment of February 27, 2004, 2003Meu1890, and others]

※ Points to Note in a Consolation Money Lawsuit Against the Affair Partner

After a couple’s shared marital life has broken down through discord and a long period of separation, so that the substance of the marriage no longer exists and the situation has reached a point that cannot objectively be restored, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages against the third party.

[Supreme Court Judgment of February 27, 2004, 2003Meu1890, and others]

※ Consolation money may be claimed against an affair partner who is responsible for the breakdown of the marriage, but the following circumstances are not subject to such a claim

1. Where the affair partner could not have known that the spouse was married

2. Where the marital relationship had in fact already ended before the adulterous conduct

※ Criteria for assessing the consolation money that may be claimed against the affair partner

This varies depending on factors such as the duration of the relationship, whether there were sexual relations, whether a divorce occurred, and whether there are children.

2. The Jinju Damages Attorney’s Assistance

The Jinju damages attorney closely examined the specific facts concerning the relationship between the client and her husband, the relationship between the husband and the defendant, and the circumstances at the time of the affair, systematically analyzed the evidence, and argued as follows.

Jinju Damages Attorney Argues That the Defendant Maintained the Affair Despite Knowing the Husband Had a Family

Looking at the messages exchanged between the husband and the defendant, who was the adulterous partner, the defendant said, “OOO (the client’s name) is next to me, is it okay to message on KakaoTalk?” which indicates that

the defendant continued the inappropriate relationship even though she knew that the husband had a family, the attorney argued.

Jinju Damages Attorney Argues That the Defendant Continuously Received Living Expenses From the Husband

The client no longer received the approximately 800,000 won in living expenses that she had continuously received from the husband once he was near the end of his life,

and the hardship of the client and her children continued for a long time.

In fact, however, the attorney argued that from around the time the husband and the defendant began their affair, the husband had been giving the defendant monthly spending money of 1,000,000 to 2,000,000 won.

Jinju Damages Attorney Argues That Damages Are Warranted for the Emotional Shock Suffered by the Client

The client nursed her husband with utmost devotion, and the client’s older brother also did not spare financial help for the husband’s treatment.

However, the affair between the defendant and the husband brought the marriage to a breakdown,

and, on this basis, the client argued that she had fallen into severe emotional suffering and that damages were therefore warranted.

3. With the Jinju Damages Attorney’s Assistance, the Full Amount of Damages in the Lawsuit Against the Adulterous Partner Was Granted

With the assistance of the Jinju damages attorney, the client was able to have the entire claimed consolation money of approximately 30 million won granted.

If You Wish to Pursue a Lawsuit Against the Adulterous Partner Through the Jinju Damages Attorney

The Jinju damages attorney made every effort to gather the evidence needed to prevail in the lawsuit against the adulterous partner and assisted throughout the entire litigation process.

At Daeryun Law Firm, we form teams of attorneys with extensive experience in damages litigation to assist clients in their cases.

If you are facing concerns similar to those of the client, you may visit a Jinju damages attorney at Daeryun at any time.

[진주손해배상변호사 승소 사례] 진주손해배상변호사, 상간녀 소송으로 손해배상 위자료 전액 인용 성공

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