CONTENTS
- 1. The Client's Situation
- - Background of the Case
- 2. Laws Relevant to the Case, as Explained by the Ulsan Divorce Attorney
- 3. The Ulsan Divorce Attorney's Assistance
- - Ulsan Divorce Attorney, Argument That the Adulterous Partner Continuously Contacted the Husband
- - Ulsan Divorce Attorney, Argument That the Adulterous Partner Has an Obligation to Pay Consolation Money
- - Ulsan Divorce Attorney, Argument That the Client Is Suffering Emotional Distress
- 4. The Court's Decision on the Ulsan Divorce Attorney's Arguments
- - If You Need the Assistance of an Ulsan Attorney
1. The Client's Situation
The client decided to claim consolation money from the adulterous partner who had engaged in an affair with the client's husband.
To proceed with the case with the assistance of an attorney, the client came to the Ulsan branch office.
Background of the Case
The client in this case learned of the affair through the husband's call records.
When the client pressed the husband to tell the truth, he claimed that he and the other woman were merely coworkers, with no romantic relationship or affair.
He consistently denied the affair, saying that their relationship was limited to working together as colleagues and helping each other with work.
Unable to tolerate it any longer, the client showed the husband an erectile dysfunction medication found in his bag and demanded that he tell the truth.
The husband eventually admitted to the affair.
Feeling deeply betrayed, the client decided to file a damages lawsuit against the adulterous partner and came to the Ulsan divorce attorney.
2. Laws Relevant to the Case, as Explained by the Ulsan Divorce Attorney
Civil Act Article 766 (Extinctive Prescription of Right to Claim Damages)
(1) A right to claim damages resulting from a tortious act shall lapse by prescription if not exercised within three years from the date on which the injured party or his or her legal representative becomes aware of such damage and of the perpetrator.
(2) The same shall apply when ten years have elapsed from the date on which the tortious act was committed.
Points to Note in a Consolation Money Lawsuit Against an Affair Partner
If the marital relationship has broken down through discord and a prolonged period of separation, so that the substance of married life no longer exists and the relationship has reached a state that cannot objectively be restored, then even if a third party has an affair with one of the spouses, the other spouse cannot claim damages against that third party.
Consolation money may be claimed against an affair partner responsible for the breakdown of the marriage; however, the claim does not apply where any of the following conditions are met
1. If the affair partner could not have known that the spouse was married
2. If the marital relationship had in substance already ended before the affair took place
3. The Ulsan Divorce Attorney's Assistance
The Ulsan divorce attorney conducted a thorough consultation with the client.
Working together with the client, the attorney analyzed the case and developed a systematic strategy.
The Ulsan divorce attorney made the following arguments.
Ulsan Divorce Attorney, Argument That the Adulterous Partner Continuously Contacted the Husband
The Ulsan attorney argued that the other woman contacted the husband every single day for two months, calling several times a day, and intervened in the relationship between the client and the husband.
Ulsan Divorce Attorney, Argument That the Adulterous Partner Has an Obligation to Pay Consolation Money
The Ulsan attorney emphasized that, because the other woman's affair with the husband caused the breakdown of the client's marriage and infringed the client's rights as a spouse, the other woman has an obligation to pay consolation money.
Ulsan Divorce Attorney, Argument That the Client Is Suffering Emotional Distress
The Ulsan attorney argued that the client was deeply shocked by the affair of the husband she had trusted and is currently suffering from depression, and that because of the client's depression, even her young children are unable to lead normal lives.
4. The Court's Decision on the Ulsan Divorce Attorney's Arguments
Accepting the Ulsan divorce attorney's arguments, the court ruled, 'The defendant shall pay the plaintiff 20 million won.'
If You Need the Assistance of an Ulsan Attorney
This case involved a client who prevailed in a damages lawsuit against the adulterous partner.
Because more solid evidence is needed to prevail in a damages lawsuit, the assistance of an attorney can be helpful.
If you need the assistance of an attorney in a case such as this, please come to the Ulsan branch office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
