CONTENTS
- 1. The Client Who Sought a Jeonju Divorce Attorney
- - The Story the Jeonju Divorce Attorney Heard From the Client
- - Statutes Related to a Lawsuit Against the Spouse's Affair Partner Explained by a Jeonju Divorce Attorney
- 2. Jeonju Divorce Attorney's Assistance for the Client's Lawsuit
- 3. Jeonju Divorce Attorney Obtains a Full Award of the Claimed Amount Plus Delay Damages
- - A Lawsuit Against the Spouse's Affair Partner May Be Pursued Together With a Divorce Attorney
1. The Client Who Sought a Jeonju Divorce Attorney
The client who visited the Daeryun Jeonju office for a consultation with the Jeonju divorce attorney wished to proceed with a lawsuit because he had not received, for over 3 years, the settlement money of 20 million won that he was to receive from the adulterous partner (male).
The Story the Jeonju Divorce Attorney Heard From the Client
The Jeonju divorce attorney listened to the client's detailed account.
The client states that about three years ago they learned of the spouse's affair.
They then met with the adulterous partner (male) and confronted him, and he acknowledged all of his misconduct and expressed remorse, and prepared a settlement agreement promising to pay 20 million won in consolation money.
However, citing reasons such as a sudden need for money, he paid only 3 million won.
Even afterward, he made all sorts of excuses such as needing to have surgery, having an urgent need for money, and saying he would pay once insurance proceeds came in, and he delayed and did not repay the remaining amount.
He has, up to now, been blocking and avoiding the client's contact at all times.
Concluding that legal enforcement was necessary, the client stated a wish to recover the entire remaining settlement amount through a damages lawsuit.
The Daeryun LLC divorce attorney stated that the firm would assist so that the client could recover the entire unpaid settlement amount together with delay damages.
Statutes Related to a Lawsuit Against the Spouse's Affair Partner Explained by a Jeonju Divorce Attorney
🔗A lawsuit against the adulterous partner (female) or male affair partner is a lawsuit brought against the affair partner. It is one type of civil action in which, when the marital relationship breaks down because of the affair between the affair partner (the defendant) and the spouse, the plaintiff claims damages for emotional harm.
A claim for consolation money against the affair partner is based on Article 750 of the Civil Act.
Article 750 of the Civil Act (Definition of Tort)
A person who causes loss to or inflicts injury on another person by an unlawful act, intentionally or negligently, shall be liable to compensate for the resulting damages.
"Where a third party, by engaging in an affair with one spouse, infringes upon the marital community life that constitutes the essence of marriage or interferes with its maintenance, and thereby infringes upon the other party's rights as a spouse and inflicts emotional suffering on that spouse, such conduct, in principle, constitutes a tort" - See Supreme Court en banc Decision 2011Meu2997, decided November 20, 2014 |
When the plaintiff prevails in a lawsuit against the spouse's affair partner, consolation money of around 15 million won is typically assessed.
This may vary depending on factors such as the duration of the couple's marriage, the duration of the affair between the affair partner and the spouse, and whether the affair partner was aware of the marriage, so it is suggested that you check an approximate estimate of the potential damages through the 🔗affair partner consolation money calculator.
2. Jeonju Divorce Attorney's Assistance for the Client's Lawsuit
The Jeonju divorce attorney argued before the court as follows in order to recover, through litigation, the full amount of the remaining consolation money along with delay interest for the client.
■ The adulterous partner (male) fully acknowledged the fact that he engaged in the affair despite being aware that the client's spouse was in a lawful marital relationship with the client
■ There is a fact that he entered into an agreement to pay 20 million won as consolation money for that
■ However, even well past the payment deadline, he did not pay even half of the settlement amount
■ Therefore, he has an obligation to return the unpaid amount plus delay damages
3. Jeonju Divorce Attorney Obtains a Full Award of the Claimed Amount Plus Delay Damages
As a result of a Jeonju divorce attorney assisting the client with a lawsuit claiming consolation money, the firm succeeded in having the remaining consolation money claimed by the client, which she had not received, granted, together with delay damages.
A Lawsuit Against the Spouse's Affair Partner May Be Pursued Together With a Divorce Attorney
As with the client above, a party may proceed only with a consolation-money lawsuit arising from infidelity, without pursuing a divorce lawsuit, in order to preserve the family.
Here, the key is to recover as much consolation money as possible from the affair partner.
For this, one must be able to prove the harm suffered, such as the emotional distress and pain, and must secure evidence that can establish the infidelity.
The Daeryun LLC 🔗Divorce Litigation Group, with attorneys experienced in collecting evidence favorable to a lawsuit against the spouse's affair partner and related matters, actively assists clients.
If you are considering a consolation-money lawsuit due to a spouse's infidelity, please feel free to request a consultation from a Daeryun Jeonju divorce attorney at any time.
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.
