Gwangju Divorce Attorney Case | A Favorable Judgment in a Lawsuit Against the Affair Partner With the Assistance of a Gwangju Divorce Attorney

The client who came to a Gwangju divorce attorney was in a situation in which he wished to file a lawsuit against the wife's adulterous partner (male).

The client's wife had begun attending a tennis club and increasingly came home late in the evening.

The client, who had suspected his wife's affair, confirmed text messages on his wife's mobile phone that suggested an affair with the adulterous partner (male).

When the client pressed her about who it was, the wife confessed to the affair.

As a result, the client suffered severe psychological stress and requested assistance from the Gwangju divorce attorney at Daeryun Law Firm in order to file a claim for damages against the adulterous partner (male).

■ Statutes Related to the Case Explained by the Gwangju Divorce Attorney

▶ Civil Act, Article 766 (Extinctive Prescription of the Right to Claim Damages)

(1) The right to claim damages arising from a tort is extinguished by prescription if it is not exercised within three years from the date on which the injured party or the injured party's legal representative became aware of the harm and of the person who caused it.

(2) The same applies when ten years have elapsed from the date of the tort.

▶ Precautions for a Consolation Money Lawsuit Against the Affair Partner

After the marital community has broken down due to discord and a long period of separation, such that the substance of married life no longer exists and the marriage has reached a state that objectively cannot be restored, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages from the third party.

▶ Consolation money may be claimed from an affair partner who is responsible for the breakdown of a couple's marriage; however, the affair partner is not subject to such a claim where the following conditions apply

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

2. Where the marital relationship had in substance ended before the act with the affair partner

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

However, the wife's adulterous partner (male) infringed the client's rights and brought the marriage to the verge of breakdown.

On this basis, the Gwangju divorce attorney emphasized that the adulterous partner (male) had an obligation to compensate the client financially for the harm suffered.

The firm emphasized the fact that the client was unable to carry on daily life due to severe mental suffering and was receiving treatment at a psychiatric department.

The client's wife had disclosed to the club that she had a husband.

The firm emphasized that the adulterous partner (male) clearly knew of the client's existence yet continued the relationship.

The client who came to a Gwangju divorce attorney wished to proceed with a claim for damages against the wife's adulterous partner (male).

Through the assistance of the Daeryun Gwangju divorce attorney, the client obtained a favorable judgment in the claim for damages and was able to receive consolation money.

Daeryun Law Firm conducts a thorough consultation with the client and then gathers substantive evidence to work toward a favorable judgment in the litigation.

If you are facing a situation such as the one in the case above, please feel free to request assistance from the Gwangju divorce attorney at Daeryun Law Firm.