CONTENTS
- 1. The Client Who Sought Out the Ulsan Divorce Attorney
- - How the Client Came to Seek Out the Ulsan Divorce Attorney
- 2. Laws Relevant to the Case, as Explained by the Ulsan Divorce Attorney
- 3. Assistance Provided by the Ulsan Divorce Attorney
- 4. The Court's Determination on the Ulsan Divorce Attorney's Arguments
- - If You Need the Assistance of the Ulsan Divorce Attorney
1. The Client Who Sought Out the Ulsan Divorce Attorney
The Ulsan divorce attorney was sought out by a client who consulted with the Ulsan office divorce attorney in order to claim damages for emotional distress against the defendants.
How the Client Came to Seek Out the Ulsan Divorce Attorney
The client in this case was a fitness trainer who grew close to a member receiving personal training and began dating her.
After dating for about five months, the girlfriend became pregnant, and the two married.
A few months later, the client and his wife visited an obstetrics and gynecology clinic for a prenatal examination, where the client learned from the doctor that his wife had been infected with syphilis through sexual relations with another man before the marriage.
The conflict between the client and his wife grew serious as a result, but he tried to understand her for the sake of their child.
However, when she was pregnant with their second child, the wife drank and returned home in the early hours, and even after giving birth, she went out late at night and engaged in repeated affairs.
No longer able to tolerate his wife's neglect of the family, the client resolved to claim damages for emotional distress against the defendants.
In order to respond legally with the assistance of an attorney specializing in such matters, the client sought out the Ulsan divorce attorney.
2. Laws Relevant to the Case, as Explained by the Ulsan 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 Damages for Emotional Distress Lawsuit Against an Adulterous Partner
Where the marital community has broken down due to discord and a prolonged separation between the spouses, so that the substance of married life no longer exists and has reached a state that cannot objectively be restored, the other spouse cannot claim damages against a third party, even if the third party has had an affair with one of the spouses.
■ Damages for emotional distress may be claimed against an adulterous partner responsible for the breakdown of the marriage; however, the partner is not subject to such a claim where the following conditions apply
1. Where the adulterous partner could not have known of my spouse's marriage
2. Where the marital relationship had in effect already ended before the adulterous act
3. Assistance Provided by the Ulsan Divorce Attorney
The Ulsan divorce attorney analyzed the case through close consultation with the client, and prepared a step-by-step response suited to it.
The attorney argued the following points, asserting that the defendants had an obligation to pay damages for emotional distress.
■ That the defendant engaged in unilateral and repeated infidelity without making any effort to restore the marital relationship
■ That, as the defendant neglected the family, the children are unable to lead a normal life
■ That, due to the act of infidelity by the spouse and the adulterous partner, the client is currently suffering from severe depression
■ That, far from showing remorse, the wife threatened the client by pointing a knife at him
4. The Court's Determination on the Ulsan Divorce Attorney's Arguments
The Ulsan divorce attorney's arguments were accepted by the court, which ruled, ‘The defendants shall pay the plaintiff damages for emotional distress of 50 million won and 20 million won, respectively.’
If You Need the Assistance of the Ulsan Divorce Attorney
🔗Divorce cases involve matters such as damages for emotional distress, division of marital property, parental authority, and custody, all of which can become the basis of a dispute, so it is advantageous to obtain the assistance of an attorney specializing in divorce at the early stage of the case.
In order to claim damages for emotional distress, more solid evidence is needed.
If, as in this case, you need the assistance of an attorney specializing in such matters, you are welcome to seek out Daeryun Law Firm.
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