Busan Attorney Consultation Successful Case | Successfully Recovering Half of the Consolation Money Through a Reimbursement Claim Lawsuit After a Busan Attorney Consultation

Through a Busan attorney consultation, we listened to the client's account in detail.

The client then requested assistance from Daeryun in this regard.

As with the above client, where an affair partner engages in marital infidelity with one of the spouses and thereby infringes upon or interferes with the maintenance of the marital community that constitutes the essence of marriage, and infringes upon the responsibilities and rights of the spouse, thereby causing emotional distress to the remaining spouse, such conduct is, in principle, regarded as a tort.

For this reason, consolation money is often obtained through a damages lawsuit against the affair partner.

If a person is subjected to a lawsuit against the spouse's affair partner, after paying consolation money to the plaintiff, that person may bring a reimbursement claim against the other party who engaged in the infidelity (the plaintiff's spouse), seeking payment on his or her behalf of a portion of the consolation money paid.

In addition, the tort liability jointly borne by a third party and one of the spouses constitutes joint tort liability and may be regarded as a quasi-joint and several obligation.

A quasi-joint and several obligation means that, with respect to the victim, each joint tortfeasor is liable for the entire amount of the damages, and the parties later settle internally according to their respective proportions of liability.

In the case of damages for a joint tort, a separate proportion of liability is established among the joint tortfeasors according to their respective degrees of fault.

If one of the joint tortfeasors, the affair partner, has paid damages exceeding his or her own share, that person may exercise a reimbursement claim against the other party who jointly committed the tort with respect to the excess portion.

The client, upon learning that the deceased was married, tried to maintain a distance, including by using formal speech, but the deceased continuously proposed meals together and dates.

Furthermore, considering that the deceased had persuaded the client to enter into a relationship by saying that he would soon divorce his spouse, it was argued that the deceased bore substantial responsibility for how the infidelity began.

The defendant, the deceased's spouse, is actively arguing that the client was the cause of the deceased's death and that the reimbursement claim is not justified.

However, the client, when the deceased collapsed, transported him to the emergency room as quickly as possible and immediately took first-aid measures.

By contrast, citing the points that the defendant had a very poor relationship with the deceased over a long period, and that the deceased had frequently mentioned a domestic discord incident in which the defendant even threatened to kill the deceased,

it was emphasized that the assertion that the client was the cause of the deceased's death was nothing more than a forced argument.

Because an act of infidelity is recognized as a joint tort by both parties, a reimbursement claim is likewise regarded as one of the legitimate rights.

The right of reimbursement is not recognized unconditionally, and the facts of the case must be examined closely.

In addition, because the parties may have differing assertions in determining the proportions of fault, it is important to present clear evidentiary materials, and for this reason it is important to obtain the assistance of an attorney specializing in this field.

Daeryun provides active assistance through a team of three to twenty experienced attorneys with extensive experience in handling reimbursement claim cases, working to support the client.

If you need assistance, you are welcome to obtain a Busan attorney consultation from Daeryun at any time.