Jeju Divorce Attorney Case | Successful Claim of 20 Million Won in Consolation Money From the Adulterous Partner With the Assistance of a Jeju Divorce Attorney

The client who requested the assistance of a Jeju divorce attorney learned of his wife’s affair through their child.

The client had suspected his wife of an affair, as she would take the child out under the pretext of work.

When he checked his wife’s card records, he found that his wife, who had said she was going to Busan to see the sea, was in fact on Jeju Island, where they lived.

The client asked the child about what had happened and was able to learn of his wife’s act of infidelity.

He then came to a Jeju divorce attorney to pursue a damages lawsuit against his wife’s male adulterous partner.

■ Laws relevant to the case as explained by a Jeju divorce attorney

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

(1) A claim for 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 his or her legal representative becomes aware of the damage and of the person who caused it.

(2) The same applies when ten years have elapsed from the date on which the tort was committed.

※Points to note in a consolation money lawsuit against an adulterous partner

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 the relationship has reached a state that objectively cannot be restored, the other spouse cannot claim damages against a third party even if that third party has an affair with one spouse.

※Consolation money may be claimed from an adulterous partner who is responsible for the breakdown of the marriage; however, the claim does not apply if either of the following conditions is met

1. If the adulterous partner could not have known of the marital status of one’s spouse

2. If the marital relationship had in fact already ended before the act of adultery

The Jeju divorce attorney argued that the male adulterous partner, a third party, had interfered with the communal life of the client and his spouse.

The attorney argued that, because of the male adulterous partner, the client’s wife neglected the care of their child, failed to attend to the household, and that the marriage ultimately broke down.

The attorney argued that the male adulterous partner already knew that the client’s wife was married.

The attorney argued that he nonetheless continued the act of infidelity and maintained the relationship with the client’s wife.

The attorney argued that the client had been under emotional stress ever since learning of the male adulterous partner’s act of infidelity.

The Jeju divorce attorney emphasized that the client had suffered emotional distress so severe that daily life was impossible, and that the male adulterous partner should therefore compensate this through consolation money.

The client sought to file a damages lawsuit against his wife’s male adulterous partner.

With the assistance of the Jeju divorce attorney in the damages lawsuit, the client was able to receive 20 million won in consolation money.

At Daeryun Law Firm, a Jeju attorney with extensive knowledge of damages lawsuits forms a team to assist clients.

If you are facing a situation similar to that of the client above, we recommend requesting the assistance of a Daeryun Law Firm Jeju divorce attorney at any time.