Seoul Divorce Attorney | Claiming Substantial Damages Against the Affair Partner Without Divorce

The client discovered suspicious lodging-establishment charges in her spouse's credit card payment history and, through this, came to suspect her husband of infidelity.

The husband admitted to the infidelity but did not want a divorce. The client therefore resolved to take legal action against the affair partner and prepared a lawsuit for damages.

• Key facts: The spouse continued the affair with the defendant, and through the card history the client learned that their affair had caused her emotional suffering. On this basis, she resolved to proceed with a lawsuit against the affair partner.

• Securing evidence: Through the spouse's credit card history, the client confirmed the fact that they had stayed together at a lodging establishment, and she secured messenger conversation contents and related evidence.

In this case, the principal legal basis is a claim for damages under Article 750 of the Civil Act and Article 751 of the Civil Act.

A claim for damages arising from an act of infidelity may be brought not only against the unfaithful spouse but also against the adulterous partner.

▶ Article 750 of the Civil Act (Damages Arising from a Tort): "A person who has infringed upon the rights of another shall compensate for the loss caused by that infringement." Here, the adulterous partner may be found to have infringed upon the client's marital life, and consolation money may be claimed for the emotional suffering caused.

▶ Article 751 of the Civil Act (Liability for a Spouse's Act of Infidelity): Not only the unfaithful spouse but also the adulterous partner who encouraged or participated in the infidelity bears liability. Damages may be claimed against the adulterous partner as well, and the amount of consolation money is determined according to the evidence and the circumstances.

The procedure for the claim for damages against the adulterous partner, conducted by a Seoul divorce attorney, was as follows.

▶ The Procedure of the Claim for Damages Against the Adulterous Partner Conducted by a Seoul Divorce Attorney

The attorney explained to the client in detail how the action against the adulterous partner would be conducted. The attorney prepared the claim for damages based on the evidence the client had secured.

1. Application for Preservation of Evidence: To prove the infidelity that had taken place at a lodging establishment, the attorney first advised securing the CCTV footage of that establishment through an application for the preservation of evidence.

2. Preparation of the Action Against the Adulterous Partner: For the claim for damages against the defendant, the attorney organized all the evidence, including the lodging establishment's card records and the messenger conversations, and prepared the documents to file suit against the defendant.

3. Filing of the Suit: As the client's representative, the attorney filed a claim for damages against the defendant. In this suit, the client sought to prove that the defendant had caused her emotional suffering.

4. The Court's Judgment: The court partially granted the client's claim and ordered the defendant to pay consolation money of 12,000,000 won. The court also ordered the defendant to bear the litigation costs.