CONTENTS
- 1. The Client Who Requested an Adultery Divorce Consolation Money Lawsuit
- - What Is a Consolation Money Lawsuit Arising From an Adultery Divorce?
- 2. Assistance Provided to Obtain Adultery Divorce Consolation Money
- - Consolation Money Lawsuit 1. Argument on the Fact of Emotional Harm
- - Consolation Money Lawsuit 2. Argument on the Obligation to Pay Damages for the Adultery Divorce
- 3. Success in Obtaining a Decision to Pay Approximately 30 Million Won in Adultery Divorce Consolation Money
1. The Client Who Requested an Adultery Divorce Consolation Money Lawsuit
This is the account of a client for an adultery divorce consolation money lawsuit.
The client wished to obtain consolation money from the defendant who had committed adultery with her husband.
An attorney with extensive experience in consolation money lawsuits arising from adultery divorce confirmed the client's deep emotional suffering through a consultation, and set out on a consolation money claim lawsuit to obtain at least some compensation for it.
What Is a Consolation Money Lawsuit Arising From an Adultery Divorce?
An adultery consolation money lawsuit is a suit claiming compensation for emotional harm against a third party (the adulterous partner, female or male) when a spouse has committed misconduct with that third party and the marriage has been seriously damaged.
An adultery consolation money lawsuit generally proceeds based on Article 840 of the Civil Act, which relates to damages and the protection of marriage.
-Article 840 of the Civil Act (Grounds for Judicial Divorce)
1. If the spouse has committed an act of misconduct
2. If the spouse has maliciously deserted the other
3. If one has been extremely unfairly treated by the spouse or the spouse's lineal ascendants
4. If one's own lineal ascendants have been extremely unfairly treated by the spouse
5. If the spouse's life or death has been unknown for three years or more
6. If there is any other serious cause making it difficult to continue the marriage
If a third party's misconduct has damaged trust with the spouse and made it impossible to continue the marriage, the aggrieved spouse may prove this and demand compensation for the emotional suffering.
-Relevant Precedent
An act by which a third party commits misconduct with one of the spouses, infringing on or interfering with the maintenance of the marital community life that constitutes the essence of marriage and infringing on the rights of the other as a spouse, thus inflicting emotional suffering on that spouse, constitutes a tort in principle. (See Supreme Court Decision 2004Da1899, May 13, 2005; Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014, among others)
2. Assistance Provided to Obtain Adultery Divorce Consolation Money
For the adultery divorce consolation money lawsuit, a strategy was devised that emphasized the client's emotional harm and the defendant's obligation to pay damages.
Consolation Money Lawsuit 1. Argument on the Fact of Emotional Harm
The adultery divorce attorney explained the course of events and argued the fact of the emotional harm the client had suffered.
The client and the defendant had been friends for 20 years.
The defendant had a friendship with the client deeper than anyone else, and they were like family.
Because of that closeness, the client's couple and the defendant spent time together at drinking gatherings and were very close.
Then one day the client learned that her husband's adultery partner was the defendant, and she was deeply shocked.
Due to the great shock, the client is suffering from panic disorder, anxiety disorder, sleep disorder, and others, and her distrust of people has grown considerably.
The adultery divorce attorney emphasized that, although the consolation money alone cannot heal the client's great shock and wounds, the consolation money claim is justified so that she may at least receive some compensation.
Consolation Money Lawsuit 2. Argument on the Obligation to Pay Damages for the Adultery Divorce
If one of the spouses commits an act of misconduct, it becomes a ground for judicial divorce under Article 840 of the Civil Act, and that spouse bears the tort obligation to pay damages for the emotional suffering the other spouse incurs as a result.
Meanwhile, a third party must also not intervene in another couple's marital community life and bring about its breakdown, interfering with the marital community life that constitutes the essence of that marriage.
If a third party commits misconduct with one of the spouses, this is an act that infringes on the spouse's rights and inflicts emotional suffering, and it constitutes a tort.
The attorney emphasized that the defendant had an obligation to pay damages for the emotional harm.
3. Success in Obtaining a Decision to Pay Approximately 30 Million Won in Adultery Divorce Consolation Money
Through the attorney's assistance, the client was able to obtain approximately 30 million won in consolation money from the defendant.
Because the facts and evidence are central to an adultery consolation money lawsuit, specialized legal assistance is important.
In addition, in order to prove the adulterous partner's liability and determine an appropriate amount of consolation money, proceeding with the help of an attorney experienced in adultery divorce consolation money can be helpful.
Daeryun Law Firm conducts lawful evidence collection for consolation money claims through coordination with a group capable of 🔗evidence collection and investigation.
If you need evidence collection or an attorney consultation related to adultery divorce consolation money in a situation such as the above, you may seek an 🔗attorney referral at Daeryun Law Firm.
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