Uijeongbu Attorney Successful Case | Uijeongbu Attorney Wins Lawsuit Against the Adulterous Partner (Female) Through Digital Forensics

The client who came to the Uijeongbu attorney wished to file a claim for damages against the husband's adulterous partner.

The client had recently been suspecting an affair because of the husband's frequent business trips and nights away from home.

In the meantime, a resident of the apartment complex told the client that the husband had been seen being physically affectionate with an unfamiliar woman, and the client became convinced of the husband's affair.

Accordingly, the client came to the Uijeongbu attorney to request digital forensics in order to secure evidence proving the adulterous relationship and to proceed with a lawsuit against the adulterous partner.

■ Legal Basis Related to the Case as Explained by the Uijeongbu Attorney

▶ Points to Note When Filing a Claim for Consolation Money Against an Adulterous Partner

Where the marital community has broken down due to discord and a prolonged period of separation, so that the substance of the marital life no longer exists and the relationship has reached a point that objectively cannot be restored, the other spouse cannot claim damages against a third party even if that third party has had an affair with one of the spouses.

▶ Consolation money may be claimed against an adulterous partner who is responsible for the breakdown of the marriage; however, the partner is not subject to such a claim in the following cases

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

2. Where the de facto marital relationship had already ended before the adulterous conduct

▶ Article 766 of the Civil Act (Extinctive Prescription of a Claim for Damages)

(1) A claim for damages arising from a tort shall be 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 becomes aware of both the damage and the person who caused it.

(2) The same shall apply where ten years have elapsed from the date on which the tort was committed.

Based on the results of the digital forensics, the Uijeongbu attorney argued that the husband had accurately disclosed his marital status to the adulterous partner, and that the adulterous partner had already been aware of that fact.

This was because, where the adulterous partner could not have known that my spouse was married, consolation money cannot be claimed through litigation.

The client's situation was not one in which the marital community had broken down so that the substance of the marital life no longer existed and the relationship had reached a point that objectively could not be restored, and therefore the client was able to claim consolation money.

Accordingly, the Uijeongbu attorney filed a claim for damages against the husband's adulterous partner, seeking tens of millions of won in consolation money.

The Uijeongbu attorney conducted digital forensics in order to secure evidence proving the adulterous relationship between the client's husband and the adulterous partner.

After requesting the Daeryun Digital Forensics Center to secure evidence of the affair, photographs and video materials of the affair were recovered from a hidden data space on the husband's mobile phone.

In addition, an analysis of the navigation records made it possible to identify even the places that the husband and the adulterous partner frequently visited.

The Uijeongbu attorney restored deleted and spam-filtered message content, thereby securing sufficient evidence to prove the adulterous relationship.

The client who came to the Uijeongbu attorney was in a situation that required the assistance of the Uijeongbu attorney in order to prove the affair between the husband and the adulterous partner and proceed with a claim for damages.

Accordingly, the law firm Daeryun formed a team of Uijeongbu attorneys with extensive experience in lawsuits against adulterous partners and assisted with the overall procedure of the litigation.

In addition, in order to find materials proving the adulterous relationship, the firm requested the Daeryun Digital Forensics Center to collect evidence and secured decisive evidence as well.

As a result, the court accepted the Uijeongbu attorney's arguments, and the client was able to prevail, receiving tens of millions of won in consolation money from the adulterous partner.

If there is anyone who is struggling alone with a situation similar to the case above, please feel free to consult with a Daeryun Uijeongbu attorney at any time.