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Deals & Cases

Damages / Compensation for loss

Mokpo Divorce Attorney Favorable Judgment Case | With the Assistance of a Mokpo Divorce Attorney, the Full Amount of the Consolation Money Claim Against the Adulterous Partner Was Granted, and the Case Was Won

The client who came to the Mokpo divorce attorney came to the divorce attorney at the Mokpo office in order to claim consolation money against the adulterous partner.

CONTENTS
  • 1. How the Client Came to the Mokpo Divorce Attorney
    • - The Client Who Requested Assistance from the Mokpo Divorce Attorney
    • - Statutes Related to the Case, Explained by the Mokpo Divorce Attorney
  • 2. The Assistance Provided by the Mokpo Divorce Attorney
    • - The Mokpo Divorce Attorney Argued That the Plaintiff's Emotional Suffering Was Severe
    • - The Mokpo Divorce Attorney Argued That the Defendant Deceived the Plaintiff and Continued the Relationship
    • - The Mokpo Divorce Attorney Argued That the Defendant Has an Obligation to Compensate for the Damages
  • 3. The Result of the Mokpo Divorce Attorney's Assistance: "Favorable Judgment"

1. How the Client Came to the Mokpo Divorce Attorney

The client who came to the Mokpo divorce attorney decided to file a damages lawsuit against the adulterous partner who had committed an act of infidelity with the husband, and requested assistance from the divorce attorney at the Mokpo office.

The Client Who Requested Assistance from the Mokpo Divorce Attorney

The client who requested assistance from the Mokpo divorce attorney had been living apart from the spouse due to the spouse's job.

One day, the client discovered a payment for lodging in the spouse's card statement.

The client then went to the apartment where the husband was living and, in the parking lot, saw the husband returning home together with an unfamiliar woman.

When the client pressed the husband as to who she was, the husband confessed to the act of infidelity, and the client requested that the woman stop the relationship.

The woman appeared to agree, but, seeing that she secretly continued the relationship, the client decided to file a lawsuit.

Accordingly, the client sought to file a damages claim against the adulterous partner with the assistance of the Mokpo divorce attorney.

Statutes Related to the Case, Explained by the Mokpo Divorce Attorney

■ Lawsuit Against the Spouse's Affair Partner

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

This may refer to cases where parents-in-law, a concubine, a spouse's adultery partner, or others unjustly interfere in the marital life and cause the marriage to break down, or cases of being subjected to assault, abuse, or insult by parents-in-law to a degree that makes it cruel to compel the 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 marital community has broken down due to discord and a prolonged separation, such that the substance of the marital life no longer exists and has reached a state 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; however, where the following conditions apply, the partner is not subject to such a claim.

1. Where the affair partner could not have known of one's spouse's marriage

2. Where the marital relationship had in fact ended before the act of the affair

※ Standards for Calculating the Consolation Money That May Be Claimed Against the Affair Partner

Varies depending on factors such as the duration of the relationship, whether there was a sexual relationship, whether there was a divorce, and whether there were children

2. The Assistance Provided by the Mokpo Divorce Attorney

The Mokpo divorce attorney made the following arguments in order to win the lawsuit.

The Mokpo Divorce Attorney Argued That the Plaintiff's Emotional Suffering Was Severe

The plaintiff attempted to take an extreme action due to the defendant's act of infidelity.

The plaintiff emphasized that, due to severe emotional suffering, daily life had become impossible and that the plaintiff is still receiving psychological treatment at a psychiatric clinic.

The Mokpo Divorce Attorney Argued That the Defendant Deceived the Plaintiff and Continued the Relationship

The plaintiff directly requested that the defendant stop the relationship.

However, the defendant disregarded this and continued the act of infidelity, and emphasis was placed on the point that the defendant continued the relationship even though the defendant was clearly aware of the plaintiff's existence.

The Mokpo Divorce Attorney Argued That the Defendant Has an Obligation to Compensate for the Damages

A third party must not intervene in another's marital life and bring about the breakdown of the marriage.

However, the defendant infringed the plaintiff's rights as a spouse and caused the marriage to break down.

Accordingly, emphasis was placed on the point that the defendant has an obligation to provide monetary compensation for the harm suffered by the plaintiff.

3. The Result of the Mokpo Divorce Attorney's Assistance: "Favorable Judgment"

Accepting the arguments of the Mokpo divorce attorney, the court granted the full amount claimed and also ordered the defendant to bear the litigation costs.

If You Need the Help of a Divorce Attorney

The above case was an instance in which a client who had been suffering severely due to the adulterous partner won a damages lawsuit against the adulterous partner.

If a marital relationship has broken down due to an adulterous partner, consolation money may be claimed against both the spouse and the adulterous partner.

Daeryun Law Firm conducts careful consultation with the client and then collects substantial evidence to work toward a favorable judgment in the litigation.

If you are suffering in a situation such as the above case, we invite you to request the assistance of a Mokpo divorce attorney at Daeryun Law Firm.

목포이혼변호사조력

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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