CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Ulsan Divorce Attorney
- 2. Laws Related to the Case, as Explained by the Ulsan Divorce Attorney
- 3. Assistance Provided by the Ulsan Divorce Attorney
- - Ulsan Divorce Attorney, Arguing That the Male Adulterous Partner Knew the Spouse Was Married
- - Ulsan Divorce Attorney, Arguing That the Client Suffered Mental Harm
- - Ulsan Divorce Attorney, Arguing That the Male Adulterous Partner Has an Obligation to Pay Damages
- 4. The Court's Determination on the Ulsan Divorce Attorney's Arguments
- - If You Need the Help of an Ulsan Divorce Attorney
1. The Client's Situation
The client requested a consultation with a divorce attorney at the Ulsan branch office in order to bring a lawsuit for damages against the male adulterous partner who had committed an affair with the client's wife.
How the Client Came to the Ulsan Divorce Attorney
The client had been living a happy married life with the wife.
At some point, however, the wife's work dinners began to become unusually frequent, and one day she even came home heavily intoxicated.
While the client was looking after the intoxicated wife, a call came in to the wife's phone from a number that was not saved.
The client, who answered the call, realized that the other person was the male adulterous partner.
The client hung up and looked at the wife's phone, and was able to discover the spouse's affair without much difficulty.
Feeling a deep sense of betrayal, the client decided to claim consolation money from the male adulterous partner and requested help from a divorce attorney at the Ulsan branch office.
2. Laws Related to the Case, as Explained by the Ulsan Divorce Attorney
■ Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages)
(1) The right to claim 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 their legal representative becomes aware of the damage and of the person who caused it.
(2) The same shall apply where ten years have elapsed from the date on which the tort was committed.
■ Points to Note in a Consolation Money Lawsuit Against the Affair Partner
If the marital community has broken down through discord and prolonged separation, so that the substance of the marriage no longer exists and the situation has reached a point where it cannot objectively be restored, the other spouse cannot claim damages from a third party even if that third party has had an affair with one of the spouses
■ Consolation money may be claimed from an affair partner who is responsible for the breakdown of the marriage, but it is not available where the following conditions apply
1. If the affair partner could not have known that my spouse was married
2. If the marital relationship had in fact ended before the adulterous conduct
3. Assistance Provided by the Ulsan Divorce Attorney
To succeed in the claim for consolation money, the Ulsan divorce attorney analyzed the case together with the client.
The Ulsan attorney made the following arguments.
Ulsan Divorce Attorney, Arguing That the Male Adulterous Partner Knew the Spouse Was Married
The Ulsan attorney argued that the male adulterous partner committed the affair, including having sexual intercourse with the client's wife for about six months while knowing that she was married.
Ulsan Divorce Attorney, Arguing That the Client Suffered Mental Harm
The Ulsan attorney argued that, because the wife the client had trusted and the male adulterous partner committed the affair, the client is suffering unbearable mental anguish and is unable to lead a normal life.
Ulsan Divorce Attorney, Arguing That the Male Adulterous Partner Has an Obligation to Pay Damages
The Ulsan attorney argued that, because the male adulterous partner and the spouse committed the affair, the client's peaceful married life came to an end and the client's rights as a spouse were infringed, and that the male adulterous partner therefore has an obligation to pay damages.
4. The Court's Determination on the Ulsan Divorce Attorney's Arguments
The court accepted the Ulsan divorce attorney's arguments and ruled, 'The defendant shall pay the plaintiff 20 million won.'
If You Need the Help of an Ulsan Divorce Attorney
This case was one in which the client succeeded in claiming consolation money from the male adulterous partner.
Because more definite evidence is needed to prevail in a damages lawsuit, receiving the assistance of an attorney can be helpful.
If, as in this case, you need the assistance of an attorney, you may turn to Daeryun Law Firm.
How to Gather Evidence in a Civil Lawsuit for an Affair?
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