CONTENTS
- 1. The Client Who Sought a Gwangju Divorce Specialist Attorney
- - How the Client Came to Seek a Gwangju Divorce Specialist Attorney
- 2. The Statutes Relevant to the Case as Explained by the Gwangju Divorce Specialist Attorney
- 3. The Assistance Provided by the Gwangju Divorce Specialist Attorney
- - Gwangju Divorce Specialist Attorney Argues That the Marital Relationship Broke Down Due to the Defendant
- - Gwangju Divorce Specialist Attorney Argues That the Defendant Maintained Continuous Contact
- - Gwangju Divorce Specialist Attorney Argues That the Client Was Suffering Emotional Distress
- 4. The Court's Judgment on the Gwangju Divorce Specialist Attorney's Argument
- - If You Need the Assistance of a Gwangju Divorce Specialist Attorney
1. The Client Who Sought a Gwangju Divorce Specialist Attorney
The client who sought out the Gwangju divorce attorney requested assistance from the divorce attorney at the Gwangju office, seeking to take legal action against the defendant who had engaged in an improper relationship despite knowing that the wife was married.
How the Client Came to Seek a Gwangju Divorce Specialist Attorney
This is the account of the client who requested a consultation from the Gwangju divorce attorney.
The client had been living a happy and ordinary married life with his wife.
However, at a certain point the wife began to occasionally take phone calls outside the home.
Although the client had not thought much of it, as the frequency increased day by day, he gradually began to grow suspicious.
Then one day, the client discovered a letter from the defendant in the mailbox and thereby learned of his wife's affair.
Upon learning that the wife he had trusted had betrayed him, the client suffered a great mental shock.
The client sought out the Gwangju divorce attorney, seeking to file a 🔗lawsuit against the adulterous partner (male) against the defendant, who had engaged in an improper relationship despite knowing that the wife had a spouse.
2. The Statutes Relevant to the Case as Explained by the Gwangju Divorce Specialist Attorney
Although damages for emotional distress may be claimed from an affair partner who bears responsibility for the breakdown of a marriage, such partner is not subject to a claim where any of the following conditions applies.
1. Where the affair partner could not have known that my spouse was married
2. Where the marital relationship had in fact ended before the affair
Points to note in a lawsuit for damages for emotional distress against an affair partner
Where, due to discord and a prolonged period of separation, the marital community has broken down such that the substance of married life no longer exists and the relationship has reached a state from which it cannot objectively be restored, then even if a third party has an affair with one of the spouses, the other spouse cannot claim damages against the third party.
3. The Assistance Provided by the Gwangju Divorce Specialist Attorney
In order to succeed in claiming damages for emotional distress from the defendant, the Gwangju divorce attorney carefully reviewed the circumstances of the case.
The Gwangju divorce attorney argued the following and contended that the defendant bore liability for damages.
Gwangju Divorce Specialist Attorney Argues That the Marital Relationship Broke Down Due to the Defendant
The client had maintained his marriage with his wife for more than ten years.
The two had maintained their married life without any particular problems until this matter arose.
As the defendant engaged in an improper relationship with the wife, the marital relationship reached a state of breakdown.
The attorney therefore emphasized that the defendant had an obligation to pay damages for emotional distress to the client.
Gwangju Divorce Specialist Attorney Argues That the Defendant Maintained Continuous Contact
The wife sought to end the improper relationship with the defendant.
Accordingly, the wife told the defendant that they should stop seeing each other and attempted to cut off contact, but the defendant did not accept this.
The attorney emphasized that the defendant continuously approached the wife and coerced her into maintaining the relationship.
Gwangju Divorce Specialist Attorney Argues That the Client Was Suffering Emotional Distress
Despite knowing that the wife had a spouse, the defendant placed his own desires first and engaged in an improper relationship.
As a result, the client suffered indescribable and severe mental anguish.
The attorney emphasized that the defendant, having infringed upon the client's rights as a spouse, bore a responsibility to provide consolation, at least in monetary form.
4. The Court's Judgment on the Gwangju Divorce Specialist Attorney's Argument
Accepting the argument of the Gwangju divorce attorney, the court ruled that ‘the defendant shall pay the plaintiff approximately 30 million won.’
If You Need the Assistance of a Gwangju Divorce Specialist Attorney
The above matter was a case in which a client who received the assistance of the Gwangju divorce attorney succeeded in a claim for damages for emotional distress.
Daeryun LLC assists clients by establishing strategies based on data accumulated through a wide range of consultations and case engagements.
Because solid evidence is needed to prevail in a claim for damages, it is advantageous to receive the assistance of an attorney experienced in this field.
If, as in this matter, you require the assistance of an attorney experienced in this field, please feel free to visit Daeryun LLC 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.
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