CONTENTS
- 1. The Client Who Sought a Busan Attorney
- - How the Client Came to a Busan Attorney
- 2. Laws Relating to the Case, Explained by the Busan Attorney
- 3. The Assistance Provided by the Busan Attorney
- - The Busan Attorney Emphasized That the Client Was Suffering Mental Anguish
- - The Busan Attorney Emphasized That the Defendant Bore Liability for Damages
- - The Busan Attorney Emphasized That the Defendant Had Continuously Contacted the Client
- 4. The Court's Determination on the Busan Attorney's Arguments
- - If You Need the Assistance of a Busan Attorney
1. The Client Who Sought a Busan Attorney
The client who sought a Busan attorney decided to file a damages lawsuit against the adulterous partner who had committed an affair with her husband.
The client sought a Busan attorney in order to proceed with the lawsuit with the assistance of an attorney.
How the Client Came to a Busan Attorney
The client and her husband had been living a happy married life.
However, when the defendant, the adulterous partner, became involved between the two of them, this entire life came to an end.
The defendant committed the affair even though she knew that the client's husband had a spouse.
In addition, the defendant went to the client's residence and even shouted at her to separate from her husband at once.
When the client and her husband still did not divorce, the angered defendant
stated the name, school, class, and number of the client's child and urged her to separate from her husband.
Fearful that the defendant might harm her child, the client could no longer endure the situation.
She therefore decided to file a damages lawsuit against the adulterous partner.
The client, who wished to proceed with the lawsuit with the assistance of an attorney, sought a Busan attorney.
2. Laws Relating to the Case, Explained by the Busan Attorney
Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages)
(1) The right to claim 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 his or her legal representative 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.
Points to Note in a Consolation Money Lawsuit Against the Affair Partner
Where the marital community of a couple has broken down due to discord and a prolonged period of separation, so that the substance of married life no longer exists,
and the marriage has reached a point at which it cannot objectively be restored, then even if a third party has an affair with one of the spouses,
the other spouse cannot claim damages from the third party.
Although consolation money may be claimed from an affair partner who is responsible for the breakdown of a couple's marriage, the partner is not subject to such a claim where one of the following conditions applies
1. Where the affair partner could not have known of the marriage of the other party's spouse
2. Where the marital relationship had in substance already ended before the affair took place
3. The Assistance Provided by the Busan Attorney
The Busan attorney analyzed the case together with the client in order to obtain a favorable judgment in the damages lawsuit.
Accordingly, the attorney devised a suitable step-by-step strategy and provided assistance.
The Busan attorney emphasized the following points.
The Busan Attorney Emphasized That the Client Was Suffering Mental Anguish
The Busan attorney emphasized that, from the time the client first received a message from the defendant up to the present,
she had been experiencing very great mental stress and anguish.
The attorney emphasized that, owing to a sense of betrayal toward the spouse she had trusted and anger toward the defendant, the client was reporting persistent feelings of depression and anxiety.
The Busan Attorney Emphasized That the Defendant Bore Liability for Damages
The Busan attorney emphasized that, because the defendant had infringed upon the marital community by committing the affair with the client's husband even after becoming aware that he had a spouse,
the defendant bore liability to compensate for the mental harm suffered by the client.
The Busan Attorney Emphasized That the Defendant Had Continuously Contacted the Client
The defendant found it difficult to bear seeing the client and her husband maintaining an amicable relationship,
and on each such occasion she contacted the client's husband and demanded that he come to her.
The Busan attorney emphasized that the defendant did not hesitate to engage in verbal abuse, such as disparaging the client as filthy,
and that she had made efforts to bring about the breakdown of the household.
4. The Court's Determination on the Busan Attorney's Arguments
The court, accepting the Busan attorney's arguments, ruled “the defendant shall pay the plaintiff 20 million won.”
If You Need the Assistance of a Busan Attorney
With the assistance of the Busan attorney, the client succeeded in claiming 20 million won in damages.
If you need the assistance of an attorney in a situation similar to this case,
please consider reaching out to Daeryun Law Firm.
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