CONTENTS
- 1. The Client Who Sought the Tongyeong Damages Attorney
- - Circumstances in Which the Tongyeong Damages Attorney Was Sought
- 2. Legislation Related to the Case as Explained by the Tongyeong Damages Attorney
- 3. Assistance Provided by the Tongyeong Damages Attorney
- - Tongyeong Damages Attorney, Arguing That the Adulterous Partner Forced the Relationship
- - Tongyeong Damages Attorney, Arguing That the Client Is Suffering from Depression
- - Tongyeong Damages Attorney, Arguing That the Adulterous Partner's Affair Constitutes a Tort
- 4. The Court's Decision on the Tongyeong Damages Attorney's Arguments
- - If You Need the Help of a Tongyeong Damages Attorney
1. The Client Who Sought the Tongyeong Damages Attorney
The Tongyeong damages attorney was sought by a client who, wishing to claim damages for emotional distress from the adulterous partner who had committed adultery with his wife, requested the help of the damages attorney at the Tongyeong office.
Circumstances in Which the Tongyeong Damages Attorney Was Sought
The account of the client who came to the Tongyeong damages attorney to request a consultation is as follows.
The client had formed an ordinary family with his wife and was leading a happy married life.
Then, one day, the client heard a shocking story while having a drink with an acquaintance.
It was that the client's wife had been seen on several occasions associating with another man downtown.
He could not believe it, and in order to verify the precise facts he asked his wife about it.
His wife confessed the affair to the client.
The client was greatly shaken emotionally by the fact that the adulterous partner and his wife had continuously committed adultery for approximately five months.
He resolved to file a 🔗damages lawsuit against the adulterous partner, who had infringed his rights as a spouse and brought the marriage to a breakdown, and sought out the Tongyeong damages attorney.
2. Legislation Related to the Case as Explained by the Tongyeong Damages Attorney
Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages)
(1) The right to claim damages arising from a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the victim or his legal representative becomes aware of the damage and the perpetrator.
(2) The same shall apply where ten years have elapsed from the date on which the tort was committed.
Points to Note in a Damages for Emotional Distress Lawsuit against the Affair Partner
After a married couple's communal life has broken down due to discord and a prolonged separation, so that the substance of the marital relationship no longer exists and has reached a state objectively incapable of recovery, even if a third party engages in an affair with one of the spouses, the other spouse cannot claim damages against the third party.
1. Where the affair partner could not have known of my spouse's marital status
2. Where the marital relationship had in effect already ended before the adulterous act
3. Assistance Provided by the Tongyeong Damages Attorney
Through a close consultation with the client, the Tongyeong damages attorney ascertained the specific facts and established a strategy by systematically analyzing the evidentiary materials.
Tongyeong Damages Attorney, Arguing That the Adulterous Partner Forced the Relationship
The adulterous partner did not stop the adultery even though he knew that the wife had a spouse.
The attorney emphasized that he had, on the contrary, continued the affair despite the wife's request to stop seeing him, thereby infringing the couple's communal life, and that the relationship of trust between the spouses had been damaged beyond recovery.
Tongyeong Damages Attorney, Arguing That the Client Is Suffering from Depression
Since becoming aware of the affair between the adulterous partner and his wife, the client has been unable even to eat properly.
He suffered an emotional shock he could not bear, and even in the course of daily life the adulterous relationship between the two would suddenly come to mind, so that he is even suffering from depression.
The attorney emphasized that the defendant has a responsibility to compensate the client, who is unable to lead a normal life.
Tongyeong Damages Attorney, Arguing That the Adulterous Partner's Affair Constitutes a Tort
The Supreme Court has held that “a third party who engages in adultery with a person who has a spouse constitutes a tort against that person's spouse and bears an obligation to provide consolation for the emotional suffering thereby sustained by that person's spouse.”
Accordingly, the attorney emphasized that the defendant has a responsibility to pay damages for emotional distress to the client.
4. The Court's Decision on the Tongyeong Damages Attorney's Arguments
Accepting the Tongyeong damages attorney's arguments, the court rendered a judgment that ‘the defendant shall pay 30 million won to the plaintiff.’
By proceeding with the case together with the Tongyeong damages attorney, the client was able to succeed in claiming the full amount of damages for emotional distress.
If You Need the Help of a Tongyeong Damages Attorney
Because more solid evidence is required to prevail in a damages lawsuit, it is advantageous to receive the help of a specialized attorney.
If you require the assistance of a specialized attorney as in the case above, we invite you to seek out Daeryun Law Firm, where consultation and prompt response are available 24 hours a day, 365 days a year.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
