Changwon Divorce Consultation Favorable Judgment | A Client Who Received a Changwon Divorce Consultation Succeeds in Having the Plaintiff's Claim for Damages for Emotional Distress Dismissed

The client had met A, an acquaintance from a neighborhood small group gathering, once before in the past.

Glad to be reunited, they had a meal, and the client says that this was when he learned that A was a married woman.

For this reason, the client ignored further contact in order to avoid any more private meetings; however, A is said to have actively requested to meet with the client.

The client even asked A, “You are a married woman, so please do not contact me from now on.”

In other words, the two had not engaged in any affair.

However, the plaintiff misunderstood their relationship as an affair and filed a lawsuit, claiming that “the client engaged in an affair while knowing that A had a spouse, the marriage broke down as a result, and the client is therefore obligated to pay the plaintiff damages for emotional distress for his emotional suffering.”

The client requested, through the Changwon divorce consultation, that his sense of injustice be resolved.

🔗Lawsuit Against the Spouse's Affair Partner, where one is in the position of the defendant, makes it important whether the affair partner ends up divorcing. It is important to determine whether the spouse of the affair partner is filing the lawsuit based on fact, and to rebut accordingly.

In a lawsuit for damages for emotional distress arising from an affair, the likelihood of damages for emotional distress being awarded increases if the following conditions are met.

(1) The existence of the affair and objective evidence : CCTV footage of entering and leaving an accommodation establishment, records of travel with the affair partner, conversation records, and the like

(2) Whether the marriage broke down : where the other party's marriage broke down as a result of the affair

(However, where the marriage had in effect already broken down before the affair, the damages for emotional distress may be reduced.)

(3) Intent : where the affair was committed with knowledge that the other party was married

After learning that A was a married woman, the client asked her, “Please do not contact me like this.”

Accordingly, the attorney argued that the client had never taken part in an affair and had, on the contrary, actively rejected A's contact.

The plaintiff argues that, on the basis that A is currently away from home, the two are continuing an affair.

However, the attorney argued that this amounts to no more than speculation that cannot prove that the two are currently continuing an affair, and that it cannot constitute objective evidence.

The plaintiff and A had continued to experience conflict from the early days of their marriage, which led A to leave home frequently, and the two are ultimately undergoing judicial divorce proceedings.

Accordingly, the attorney argued that the marriage between the plaintiff and A had already broken down before the plaintiff began to suspect an affair between A and the client.

Daeryun has handled numerous cases defending against damages for emotional distress for an affair, and through this it prepares a response for the client.

In defending against damages for emotional distress for an affair, it is advantageous to prove, through a consultation with an attorney specializing in this field, that one is not at fault.

If you are experiencing difficulties in this regard, please consider seeking a 🔗Changwon divorce consultation.