Changwon Attorney for a Lawsuit Against the Adulterous Partner | A Changwon Attorney for a Lawsuit Against the Adulterous Partner Succeeded in a Claim for Damages and Consolation Money

This is an overview of the case as identified by the Changwon attorney for a lawsuit against the adulterous partner.

The client had been raising a harmonious family with her husband and children.

However, this harmonious family did not last long because of the husband's affair.

The client happened to witness her husband and the defendant being affectionate with each other.

Afterward, the client came to look at her husband's mobile phone.

Through the messages on her husband's mobile phone, she found that they had exchanged various expressions of affection and gifts over five months, and she became certain of the affair between her husband and the defendant.

The client was shocked by the infidelity of her husband and the defendant.

Having suffered mental anguish, the client proceeded with a claim for damages against the defendant.

In the course of this, the client came to Daeryun to obtain the assistance of an attorney for a lawsuit against the adulterous partner.

Let us examine, together with the Changwon attorney for a lawsuit against the adulterous partner, the statutes relevant to this case.

• ▶ Where a third party is responsible for the breakdown of the marriage

This may refer to cases where parents-in-law, a concubine, the spouse's adultery partner, or the like unduly interferes in the marital life and thereby brings the marriage to breakdown, or cases where one is assaulted, abused, or insulted by parents-in-law to a degree that makes it harsh to compel the continuation of the marriage.

▶ Points to note when filing a consolation money lawsuit against an affair partner

After the marital community of life has broken down due to discord and prolonged separation, so that the substance of the marital life no longer exists and has reached a point where it cannot objectively be restored, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages against the third party.

Consolation money may be claimed against an affair partner who is responsible for the breakdown of the spouses' marriage, but the partner is not subject to such a claim where any of the following conditions applies.

1. Where the affair partner could not have known of my spouse's marital status

2. Where the marital relationship had in fact ended before the affair

The text messages between the client's husband and the defendant mentioned the client and the children.

In this way, the defendant continued the inappropriate relationship while knowing that he had a family.

The defendant's infidelity led to the breakdown of the family.

In the course of this, the client and the children suffered mental shock.

Because the family broke down due to the defendant's infidelity, the attorney strongly argued that the defendant had an obligation to pay consolation money.