CONTENTS
- 1. The Client Who Sought Out the Incheon Damages Attorney
- - How the Client Came to Seek Out the Incheon Damages Attorney
- 2. Statutes Relevant to the Case as Explained by the Incheon Damages Attorney
- 3. The Incheon Damages Attorney's Assistance
- - Incheon Damages Attorney Argues That the Client Was Suffering Emotional Distress
- - Incheon Damages Attorney Argues That the Client Was Threatened by the Defendant
- - Incheon Damages Attorney Argues That the Defendant Has an Obligation to Pay Damages for Emotional Distress
- 4. The Court's Decision on the Incheon Damages Attorney's Arguments
- - If You Need the Help of the Incheon Damages Attorney
1. The Client Who Sought Out the Incheon Damages Attorney
The client who sought out the Incheon damages attorney visited the damages attorney at the Incheon office and requested a consultation in order to file a lawsuit for return of the down payment against the defendant, who had continued to engage in an affair with the client's husband while knowing that he had a spouse.
How the Client Came to Seek Out the Incheon Damages Attorney
The client in this case had been enjoying a happy marriage with her husband.
One day, however, her husband began working late more frequently and became difficult to reach when he was out.
The client tried to trust her husband, but she gradually began to grow suspicious.
She then checked the dashcam footage from her husband's car and learned that the affair partner and her husband had been meeting continuously.
The defendant had engaged in the affair while knowing that her husband had a spouse and children.
She decided to file a 🔗damages lawsuit against the defendant, who had brought about the breakdown of a peaceful marriage and infringed her rights as a spouse.
Seeking to respond thoroughly to the damages lawsuit with the assistance of a specialized attorney and to successfully claim damages, she requested the help of the Incheon damages attorney.
2. Statutes Relevant to the Case as Explained by the Incheon Damages Attorney
Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages)
(1) The right to claim damages arising from a tort is extinguished by prescription if it is not exercised within 3 years from the date on which the injured party or his/her legal representative became aware of the damage and of the person who caused it.
(2) The same applies where 10 years have elapsed from the date on which the tort was committed.
Points to Note in a Damages for Emotional Distress Lawsuit Against an Affair Partner
Where, due to discord and a prolonged separation, the marital community of a couple has broken down so that the substance of the marriage no longer exists and the situation has reached a point that is objectively irrecoverable, the other spouse cannot claim damages against a third party even if that third party has engaged in an affair with one of the spouses.
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 took place
3. The Incheon Damages Attorney's Assistance
In order to prove that the defendant bore liability for damages, the Incheon damages attorney gathered all of the favorable evidence and made the following arguments.
Incheon Damages Attorney Argues That the Client Was Suffering Emotional Distress
The client felt deeply betrayed upon learning that her trusted husband and the defendant had been continuously engaged in an affair.
The defendant showed a defiant attitude without any sign of remorse toward the client.
This caused the client even greater emotional distress.
Accordingly, the attorney emphasized that the defendant had an obligation to pay damages to the client.
Incheon Damages Attorney Argues That the Client Was Threatened by the Defendant
In addition to maintaining a defiant attitude about the affair, the defendant went so far as to threaten the client.
The defendant made threatening remarks such as saying that she would ‘stab and kill’ the client if she did not divorce, creating a sense of fear in the client.
The attorney emphasized that, because of the defendant's conduct, both the client and her children had suffered irrecoverable emotional wounds.
Incheon Damages Attorney Argues That the Defendant Has an Obligation to Pay Damages for Emotional Distress
The defendant intervened between the client and her husband and infringed upon their marital community.
Conduct that infringes the rights of a spouse and inflicts emotional distress upon that spouse constitutes, as a matter of principle, a tort.
The attorney emphasized that the defendant, who had committed an act of infidelity while knowing that the husband had a spouse, bore the liability to compensate for the damage.
4. The Court's Decision on the Incheon Damages Attorney's Arguments
Accepting the arguments of the Incheon damages attorney, the court issued a decision granting the damages for emotional distress in full in the damages lawsuit against the affair partner.
If You Need the Help of the Incheon Damages Attorney
This case was an instance in which the client, with the assistance of the Incheon damages attorney, obtained a decision granting the damages for emotional distress in full.
To prevail in a damages lawsuit, more solid evidence is required, so it is advantageous to obtain the help of a specialized attorney.
If you require the assistance of a specialized attorney as in the case above, please reach out to Daeryun Law Firm, which provides consultation and prompt response throughout the year.
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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