CONTENTS
- 1. The Client's Situation
- 2. The Divorce Litigation
- - The Claim for Consolation Money
- 3. The Judgment Obtained
1. The Client's Situation
The client's situation was as follows.
The client could not hide his grief, explaining that his wife had committed an affair. He had suffered a severe emotional shock and was unable to properly maintain his daily life.
The client asked the attorney to help him obtain a divorce judgment and to receive at least monetary compensation for the emotional shock he had suffered.
The attorney first decided to review the facts of the case in detail.
The client explained that he had married his wife and that they had one son, who was five years old, and that he and his wife frequently quarreled over differences in personality.
Then, from a certain day onward, his wife stopped eating, continued to lose weight, and appeared listless.
Worried about his wife, he repeatedly pressed her about whether something was wrong, but she would not say anything.
When a message notification sounded on his wife's mobile phone, he checked it and was thrown into shock.
It was a message sent by his wife's affair partner. After reviewing all of its contents, he learned that his wife had been carrying on an affair with that man for several years.
For this reason, he came to the attorney to seek assistance with the divorce litigation.
2. The Divorce Litigation
The attorney proceeded to file the divorce litigation on the grounds set out in Article 840, subparagraphs 1, 2, 3, and 6 of the Civil Act.
▶Article 840 of the Civil Act (Grounds for Judicial Divorce)
1. If the other spouse has committed an act of infidelity
2. If one spouse has been maliciously deserted by the other
3. If one spouse has been extremely unfairly treated by the other spouse or that spouse's lineal ascendant
6. If there is any other serious cause making it difficult to continue the marriage
Even after the client had reviewed all of his wife's messages and learned that an act of infidelity had taken place, his wife denied that she had committed any such act.
The client suffered such a great shock from the sense of betrayal at his wife's infidelity that it became difficult for him to continue the marital relationship.
In addition, after seeing his wife flatly deny everything without offering a single word of apology, the client resolved to seek a divorce.
The Claim for Consolation Money
In filing the client's divorce litigation, the attorney claimed consolation money on the basis of the following precedent.
The client suffered great injury upon learning that his wife had carried on an affair over a long period.
Because the wife committed an affair while she had a spouse and brought the marital relationship with the client to a breakdown, she has an obligation to compensate for the emotional harm.
3. The Judgment Obtained
After hearing the attorney's arguments, the court issued the following judgment in the client's case.
The defendant shall pay the plaintiff 35,000,000 won as consolation money, together with an amount calculated at the annual rate of 12% from this judgment until the date of full payment.
The plaintiff is designated as the holder of parental authority and the custodian of the child concerned.
The defendant shall pay the plaintiff 600,000 won per month, on the last day of each month, as child support for the child concerned until the day before the child reaches the age of majority.
The client was able to receive 35 million won as compensation for his emotional shock, and he was able to be designated as the holder of parental authority and the custodian of his beloved son.
In addition, he was able to receive child support. This result was achieved with the assistance of the attorney.
If, like the client in this case, you are suffering because of a spouse's affair, consulting the 🔗Suwon Attorney and Gwanggyo Attorney, among others, can be helpful.
The attorney will provide assistance to bring about a reasonable result for the client.
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