CONTENTS
- 1. The Client Who Requested the Help of the Daejeon Divorce Attorney
- - The Client Who Conveyed to the Daejeon Divorce Attorney the Suffering Caused by the Affair Partner
- - Damages Against the Affair Partner, as Explained by the Daejeon Divorce Attorney
- 2. Daejeon Divorce Attorney: “The Plaintiff Even Witnessed a Video of Sexual Relations Between the Non-Party and the Affair Partner... Severe Harm”
- - Daejeon Divorce Attorney Considers Both the Duration of the Marriage and the Existence of Children
- - Daejeon Divorce Attorney: The Consolation Money Amount Reflecting the Degree of Harm
- 3. Court Accepts the Daejeon Divorce Attorney's Argument and Grants the Full Amount of the Plaintiff's Claim
1. The Client Who Requested the Help of the Daejeon Divorce Attorney
The client who requested the help of the Daejeon divorce attorney was going through a difficult time because the spouse had committed adultery with the affair partner.
The client asked the Daejeon divorce attorney to assist by filing a claim for damages against the affair partner so that the affair partner would face legal sanctions for the wrongful conduct.
The Client Who Conveyed to the Daejeon Divorce Attorney the Suffering Caused by the Affair Partner
In the consultation with the Daejeon divorce attorney, the client explained that a video of sexual relations between the affair partner and the spouse existed and that the client had confirmed it directly.
The client suffered an even greater shock upon learning that the affair partner was an employee working at the client's store.
The Daejeon divorce attorney quickly identified the key issues in this case and established a strategy regarding the calculation of the consolation money amount, the direction of the argument, and other matters.
Damages Against the Affair Partner, as Explained by the Daejeon Divorce Attorney
The Daejeon divorce attorney emphasizes that there are many factors to consider when pursuing a claim for damages against an affair partner.
In particular, the extinctive prescription, the conditions for claiming consolation money, and other matters must be examined closely. These are as follows.
Extinctive Prescription for Damages Against an Affair Partner
Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages) (1) The right to claim damages arising from a tort shall lapse by prescription if the victim or the victim's legal representative does not exercise it within three years from the date on which the victim becomes aware of both the damage and the person who caused it.
(2) The same shall apply where 10 years have elapsed from the date on which the tort was committed.
※ Note ※
A tort claim for damages for an affair is recognized where the affair partner met with the other party while knowing that the other party was married.
Seoul Southern District Court, Judgment 2015Gadan42746
According to the precedent, the calculation of the amount of damages for an affair takes into account
2. Daejeon Divorce Attorney: “The Plaintiff Even Witnessed a Video of Sexual Relations Between the Non-Party and the Affair Partner... Severe Harm”
Through close consultation with the client, Daeryun Law Firm formed a team of Daejeon divorce attorneys composed of numerous specialists with extensive experience in lawsuits against an affair partner.
The Daeryun Daejeon divorce attorney team strongly argued that the plaintiff was suffering to the point of being unable to carry on daily life because of the affair between the defendant and the non-party.
The Daejeon divorce attorney team stated that the plaintiff had confirmed a video of sexual relations and other material filmed by the defendant and the non-party.
Daejeon Divorce Attorney Considers Both the Duration of the Marriage and the Existence of Children
The Daejeon divorce attorney emphasized that the duration of the plaintiff's marriage was not short and that the plaintiff had minor children, and requested that the court grant the claim in this case.
Daejeon Divorce Attorney: The Consolation Money Amount Reflecting the Degree of Harm
Citing objective evidence (such as records of hospital treatment), the Daejeon divorce attorney set the consolation money amount on the basis that the degree of harm to the plaintiff was severe.
On this basis, the attorney also argued that the full amount of the consolation money claimed should be granted.
3. Court Accepts the Daejeon Divorce Attorney's Argument and Grants the Full Amount of the Plaintiff's Claim
The court accepted the argument of the Daeryun Daejeon divorce attorney and rendered a judgment ordering that “the defendant shall pay the plaintiff 20 million won and an amount calculated at the annual rate of 12% from the designated date until the date of full payment.”
The Daejeon divorce attorney conducted careful consultation with the client and collected a substantial amount of evidence of the defendant's tortious conduct.
Understanding the client's suffering, the Daejeon divorce attorney provided assistance so that the client could obtain as much consolation money as possible, and as a result, the full amount of the claim was granted.
Daeryun Law Firm operates a divorce litigation group that handles lawsuits against an affair partner. Depending on the matter, a team of 3 to 20 specialists cooperates, so if you need assistance, you may seek a consultation at Daeryun.
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