CONTENTS
- 1. The Client Who Came for a Lawsuit Against the Adulterous Partner (Female)

- - What Led to the Lawsuit Against the Adulterous Partner?
- - What Is the Legal Basis for the Lawsuit Against the Adulterous Partner?
- 2. An Attorney's Strategy for Winning the Lawsuit Against the Adulterous Partner

- - Support Provided to Win the Lawsuit Against the Adulterous Partner
- 3. The Client Who Won the Lawsuit Against the Adulterous Partner and Received Consolation Money

- - How Did the Court Rule in the Lawsuit Against the Adulterous Partner?
- - Seeking an Attorney's Assistance Can Be Advantageous in a Lawsuit Against the Adulterous Partner
1. The Client Who Came for a Lawsuit Against the Adulterous Partner (Female)
What Led to the Lawsuit Against the Adulterous Partner?
In this case, the client learned of the affair when the client's daughter happened to overhear a phone conversation between the husband and the other woman.
The client was deeply shaken by this and asked the husband and the other woman never to see each other again.
However, even though the husband and the other woman had promised not to meet, they continued to maintain their relationship.
When their affair began to harm the children as well, the client decided to file a lawsuit against the adulterous partner.
The client decided to entrust the lawsuit against the adulterous partner to an attorney at Daeryun Law Firm.
What Is the Legal Basis for the Lawsuit Against the Adulterous Partner?
- When a Third Party Is Responsible for the Breakdown of the Marriage
This may include cases in which the parents-in-law, a concubine, or the spouse's adultery partner unreasonably interferes in the marital life and brings the marriage to a breakdown, or cases in which the parents-in-law subject a person to assault, abuse, or insult to the extent that requiring the continuation of the marital life would be cruel. - Supreme Court Judgment of February 27, 2004, Case No. 2003Meu1890, among others |
- Points to Note in a Lawsuit Against the Adulterous Partner
Once the marital community has broken down through discord and a long period of separation, so that the substance of the marital life no longer exists and the relationship has reached a point of objectively irrecoverable failure, the other spouse cannot claim damages from a third party, even if that third party had an affair with one of the spouses. - Supreme Court Judgment of February 27, 2004, Case No. 2003Meu1890, among others |
Consolation money may be claimed from the affair partner who is responsible for the breakdown of the marriage; however, in a lawsuit against the adulterous partner, the partner is not subject to liability if the following conditions apply.
1. When the affair partner could not have known that the person's spouse was married
2. When the marital relationship had in substance ended before the act of infidelity
2. An Attorney's Strategy for Winning the Lawsuit Against the Adulterous Partner
Support Provided to Win the Lawsuit Against the Adulterous Partner
It was emphasized that the client had contacted the defendant and asked her not to meet the husband, and that the defendant had responded by asking for forgiveness and saying that she also regretted what had happened.
However, it was emphasized that after exchanging text messages with the client, the defendant changed her cell phone number and continued the relationship by repeatedly meeting the client's husband.
It was made clear that, contrary to her words of apology and remorse, the defendant showed no remorse at all and even encouraged the client's husband to obtain a divorce quickly.
It was emphasized that, as a result, the plaintiff and the plaintiff's child were suffering great emotional distress.
3. The Client Who Won the Lawsuit Against the Adulterous Partner and Received Consolation Money
How Did the Court Rule in the Lawsuit Against the Adulterous Partner?
The court accepted the position of Daeryun Law Firm and, as the result of the lawsuit against the adulterous partner, ordered that 'the defendant shall pay the plaintiff 15 million won and delay damages.'
Through the lawsuit against the adulterous partner, the client was able to claim consolation money from the other woman. The client expressed gratitude to the team of attorneys at Daeryun Law Firm who supported the lawsuit against the adulterous partner with full effort.
Seeking an Attorney's Assistance Can Be Advantageous in a Lawsuit Against the Adulterous Partner
In a lawsuit against the adulterous partner, the degree to which the marriage has broken down and the defendant's conduct after the affair is discovered are important factors. For this reason, the assistance of an experienced attorney can be valuable.
To persuade the court and obtain the desired result, it is advisable to proceed with the lawsuit against the adulterous partner together with an experienced attorney who can clearly establish these points.
If you need such a lawsuit against the adulterous partner as described above, you may entrust your case to Daeryun Law Firm.
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