Jeonju Divorce Attorney, Favorable Judgment | A Case in Which the Full Claimed Damages for Emotional Distress of 30 Million Won Was Obtained Through Divorce Litigation Against the Husband

The detailed circumstances identified by the Jeonju divorce attorney are as follows.

The client had been leading a contented married life after marrying her husband.

In the meantime, she was told by the head of the company where her husband worked that “the husband had not come to work,” and when she questioned her husband about it, he reportedly confessed that he was in an improper relationship with another woman and was cohabiting with her.

In a situation where he continued the affair to that point despite being cautioned several times, the client suffered great emotional distress, and she therefore wished to proceed with a lawsuit against the adulterous partner (female) for damages together with the divorce litigation.

🔗A Lawsuit Against the Male/Female Affair Partner may be pursued together with divorce litigation, and it is a lawsuit claiming damages for emotional distress for the emotional harm one has suffered.

In the past, there was a system for criminally punishing the affair partner under the crime of adultery, but with the abolition of the crime of adultery, only a claim for damages through civil litigation has become possible.

The law on this is set forth in the Civil Act.

The "unchaste conduct of a spouse" stipulated as a ground for judicial divorce under Article 840, subparagraph 1 of the Civil Act is a broader concept that includes adultery; it encompasses any and all unchaste conduct that does not reach the level of adultery but is inconsistent with the spousal duty of fidelity, and whether conduct is unchaste must be evaluated by taking into account its degree and circumstances according to the specific case.

- See Supreme Court Decision 87Meu5, 87Meu6, rendered May 26, 1987, and others

The ground for divorce stipulated in Article 840, subparagraph 6 of the Civil Act, “where there is a serious cause making it difficult to continue the marriage,” refers to a case in which the marital community relationship corresponding to the essence of marriage, which should be founded on the affection and trust between the spouses, has broken down to a degree that cannot be restored, and compelling the continuation of married life would amount to unbearable suffering for one of the spouses.

- See Supreme Court Decision 90Meu1067, rendered July 9, 1991, and others

During the marriage, the client's husband did not contribute to living expenses, and instead he used the client's card and bank account to obtain a financial benefit amounting to approximately 70 million won.

Moreover, despite being the spouse at fault, the husband instead demanded a divorce from the client and used abusive language, thereby clearly expressing that he had no intention of maintaining the marriage, and the attorney argued that this clearly constituted a serious cause making it difficult to continue the marriage as stipulated in the Civil Act.

The client's husband began an improper relationship about five years after the marriage, frequently visiting the home where the affair partner lived. The client, upon learning of this, warned him not to see the affair partner again, but the two continued their improper relationship and went so far as to cohabit.

In particular, the attorney emphasized that the affair partner had sent the client messages that appeared to assert ownership over the husband, thereby admitting the unchaste conduct.

As a result of the husband's unchaste conduct, the client ultimately came to divorce, and because of this she was diagnosed with a depressive disorder and received an opinion that psychiatric treatment would be necessary for a considerable period.

Accordingly, the Jeonju attorney argued that damages for emotional distress of 30 million won should be paid for this.

The Jeonju divorce attorney brought both the client's divorce litigation and the lawsuit against the adulterous partner (female) to a favorable outcome.

In this way, in the case of divorce litigation, it is advantageous to obtain the assistance of an attorney specializing in this area in order to gather the necessary evidence and calculate an appropriate amount of damages for emotional distress.

Daeryun Law Firm operates a 🔗Divorce Litigation Group, providing active assistance not only with divorce litigation but also with lawsuits claiming damages for emotional distress against the spouse's affair partner, so if you need assistance, you may visit the 🔗Daeryun Jeonju office to request assistance at any time.