CONTENTS
- 1. Gwangju Divorce Attorney, the Client's Situation
- 2. Gwangju Divorce Attorney, Knowledge Related to the Case
- 3. Gwangju Divorce Attorney, Defense Matters
- - Gwangju Divorce Attorney Defense ① Awareness of the Other Person's Married Status
- - Gwangju Divorce Attorney Defense ② Insufficiency of the Plaintiff's Evidence
- 4. Gwangju Divorce Attorney, the Result of the Assistance
1. Gwangju Divorce Attorney, the Client's Situation
This is the situation of the client.
The client was working part-time at a cafe and developed mutual feelings for the cafe owner, with whom she then had a romantic relationship.
As it turned out, she later learned that the cafe owner she had been dating was married.
The client did not want to maintain a relationship that went against common sense, so she explained that she immediately broke up with the cafe owner and quit the cafe.
A short time later, she was sued by the cafe owner's wife for damages against the adulterous partner, and she visited the Gwangju office to respond to this.
2. Gwangju Divorce Attorney, Knowledge Related to the Case
An adulterous act is a type of marital misconduct that, in the past, constituted the crime of adultery and was subject to criminal punishment, but the offense has since been abolished, so now only civil liability can be imposed.
The most important issue in a 🔗lawsuit against the adulterous partner is whether the partner knew of the other person's marriage and intentionally committed the adulterous act despite the risk of breaking up the marriage.
As in the client's case, when a person dates someone without knowing that he or she is married and is then wrongly sued in a lawsuit against the adulterous partner, securing evidence that the misconduct was not committed intentionally is the most important thing of all.
For that reason, clearly proving through an examination of evidence, 🔗digital forensics, and similar means that the conduct was not misconduct has a decisive effect on the judgment.
If the adulterous act is recognized, the consolation money is calculated by comprehensively considering how deep the relationship between the partner and the other person was, the effect on the breakdown of the marriage, the duration of the marriage, and similar factors.
If you are sued in a lawsuit against the adulterous partner, there is a great deal of material to prove overall and the factors to consider are complex, so rather than simply asserting that the claim is unjust, appropriate advice from an attorney experienced in this area is important.
3. Gwangju Divorce Attorney, Defense Matters
The attorney carefully gathered the circumstances showing that the client had not intentionally committed misconduct, based on the conversations the client had had with the cafe owner she was dating, among other things.
The attorney then mounted a defense as follows so that the client would not be wrongly cast as an adulterous partner.
Gwangju Divorce Attorney Defense ① Awareness of the Other Person's Married Status
During her time working part-time at the cafe, the client had never once met the cafe owner's wife, and the cafe owner had also intentionally concealed the fact of his marriage.
As a result, the client had no idea that the cafe owner was married, and she cut off all contact as soon as she found out.
The attorney emphasized that, because the client did not know whether the other person was married, the conduct did not amount to an adulterous act.
Gwangju Divorce Attorney Defense ② Insufficiency of the Plaintiff's Evidence
The plaintiff put forward a close acquaintance of her own as a witness and had that person testify that the client had known of the cafe owner's married status.
However, that acquaintance was not even on familiar terms with the client and was not even aware that the client and the cafe owner had been dating.
The attorney emphasized that the plaintiff's assertions lacked persuasiveness on the basis that the witness's testimony had no reliability.
4. Gwangju Divorce Attorney, the Result of the Assistance
The court that received the attorney's arguments recognized that the client had not committed an adulterous act and issued a judgment dismissing all of the plaintiff's claims and ordering the plaintiff to bear the litigation costs as well.
If You Have Been Wrongly Cast as an Adulterous Partner
As in the client's case, if you have been dating without knowing that the other person was married and are then wrongly sued in a lawsuit against the adulterous partner, proving that you did not intentionally commit misconduct is the most important thing of all.
To this end, an examination of evidence, including digital forensics, must be carried out to closely review KakaoTalk conversations and the like, and on that basis a legally persuasive argument must be made.
In a lawsuit against the adulterous partner, as in a general 🔗damages lawsuit, it is possible to claim consolation money for emotional distress, so caution is needed.
If you are named as an adulterous partner and sued, you must collect clear evidence and review it from a legal standpoint, so the help of an attorney with extensive experience in divorce litigation is important.
At Daeryun Law Firm, attorneys with abundant experience in divorce cases provide comprehensive legal services.
If you need a consultation, we invite you to book a 🔗legal consultation at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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