Wonju Damages Attorney | Claim for Damages for Emotional Distress Against a Man Who Falsely Claimed to Be Divorced Granted in Full

The client who came to a Wonju damages attorney had previously divorced because of her husband's infidelity and was raising two children.

During this time, she came to have a serious relationship with a man she had met at a bar. The client asked him from the outset about his marital status, and he answered that he was divorced.

Thereafter, the client cohabited with him together with her two children for six months.

When the client requested that they register their marriage and asked him to obtain an abstract of his resident registration, he continued to make excuses and refused.

The client subsequently conceived a child with this man and gave birth.

Even when she asked how the family register for the newborn child would be handled, he kept evading the subject, which the client found deeply suspicious, so she secretly looked at his mobile phone and learned a shocking fact.

The man had saved his wife under the name "eldest sister," and although he was preparing for a divorce action, he had not yet divorced.

The client suffered great emotional shock and, in order to claim consolation money for this, came to the Daeryun LLC 🔗Wonju office.

🔗Consolation money claim litigation is an action filed in order to obtain monetary compensation for the mental and material harm arising from a marital or contractual relationship.

Consolation money legally refers to compensation for the victim's mental suffering, and the amount of consolation money claimed is determined by the court according to the degree of the mental suffering sustained by the victim, the seriousness of the case, the financial ability of the perpetrator, and other factors. The court calculates a reasonable amount taking into account the amount claimed by the victim and the particular circumstances of the case, and it may at times adjust the amount requested by the victim.

The following are representative examples of consolation money claim litigation.

(1) Claim for consolation money arising from divorce

Divorce is one of the most common examples in consolation money claim litigation. In particular, when conduct such as a spouse's infidelity or violence becomes the cause of the divorce, the victim may claim consolation money.

(2) Claim for consolation money arising from a sexual offense

Cases of sexual harassment or sexual assault can cause serious mental harm to the victim, and in such cases the victim may legally claim consolation money.

(3) Claim for consolation money arising from a tort

If a victim has suffered mental distress as a result of conduct such as assault, fraud, or defamation, the victim may seek legal compensation for it.

The court has recognized liability for damages, holding that “the act of inducing or maintaining a relationship that includes sexual relations by leading the other party into a misapprehension through the communication of false facts by active or passive conduct constitutes a tort that infringes upon the other party’s right of sexual self-determination through deception.” (See Seoul Central District Court, Judgment of October 5, 2021, Case No. 2020Gadan5272120.)

The other party actively deceived the client and entered into a de facto marital relationship on the premise of marriage. As a result, the client’s right of sexual self-determination was infringed, and she even gave birth to a child.

On these grounds, it was argued that the client was suffering from severe stress and an anxiety disorder, that ongoing psychiatric treatment was required, and that the payment of consolation money (damages for emotional distress) was therefore necessary.