Case of Assistance by a Jinju Divorce Attorney | Successfully Obtaining Consolation Money in a Lawsuit Against the Adulterous Partner Through the Assistance of a Jinju Divorce Attorney

The client who came to the Jinju divorce attorney grew suspicious of an affair as her husband's homecoming hours grew increasingly late.

As it happened, the client was able to hear of her husband's infidelity from an acquaintance who worked at the same company as her husband.

She was told that her husband was engaged in infidelity with the adulterous partner, who was a colleague at the same workplace.

Accordingly, in order to pursue a claim for damages against the adulterous partner, the client requested the assistance of the Jinju divorce attorney at Daeryun.

■ Relevant Statutes for the Case as Explained by the Jinju Divorce Attorney

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

(1) The 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 his or her legal representative becomes aware of the damage and of the perpetrator.

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

▶ Consolation Money Lawsuit Against the Affair Partner Points to Note

Once a married couple's communal life has broken down due to discord and a prolonged separation, so that the substance of the marital relationship no longer exists and has reached a state that objectively cannot be restored, even if a third party engages in an affair with one of the spouses, the other spouse cannot claim damages against the third party.

▶ Consolation money may be claimed against an affair partner who bears responsibility for the breakdown of the marriage; however, this does not apply where one of the following conditions is met

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

2. Where the marital relationship had in fact already ended before the affair took place

The attorney argued that a third party must not infringe upon another's communal marital life and thereby bring about the breakdown of the marriage.

The Jinju divorce attorney emphasized that the adulterous partner had an obligation to compensate financially for the emotional harm suffered by the client.

The attorney argued that the client had endured the distress caused by the adulterous partner's infidelity, taking on the burden of childrearing alone out of fear that the peace of her family would be destroyed.

The attorney argued that, nonetheless, the infidelity between the adulterous partner and the husband did not stop, and that its intensity gradually increased, ultimately leading to the lawsuit.

The Jinju divorce attorney emphasized that, at the time of the affair, the adulterous partner was aware that the client's husband had a wife.

The client who came to the Jinju divorce attorney resolved to pursue a claim for damages against her husband's adulterous partner.

As a result of the Jinju divorce attorney's assistance, the client was able to obtain consolation money in the claim for damages.

The client conveyed her thanks once again.

At Daeryun, a Jinju attorney with extensive specialized knowledge in claims for damages forms a team to assist the client throughout the entire process, from consultation to trial.

If you are experiencing a situation similar to that of the client above, please feel free to come to the Jinju divorce attorney at Daeryun at any time to request assistance.