CONTENTS
- 1. Yongsan Law Firm | Background of the Case
- 2. Yongsan Law Firm | Review of the Case
- 3. Yongsan Law Firm | Details of the Assistance
- 4. Yongsan Law Firm | Yongsan Civil Attorney Defends 200 Million Won in Consolation Money
1. Yongsan Law Firm | Background of the Case
The attorney actively assisted in establishing the client's grievance and reducing the consolation money claimed. In the end, 200 million won of the 300 million won was defended, so that the client would not bear an unreasonable financial burden.
Gaslighting by the Petitioner and His Family
After the marriage, the client suffered continuous psychological abuse from her husband (the petitioner) and his family.
From early in the marriage, the petitioner not only provided no financial support but also thoroughly controlled the client's life and sought to dominate her psychologically.
The petitioner's family also took his side, disregarding the client and finding fault with everything she did, tormenting her in a way that broke down her self-esteem.
They applied continuous psychological pressure, making remarks such as, "You are incompetent and can do nothing without me," and "You should be grateful that someone even took in a person like you."
The client also explained that, when she tried to achieve financial independence by holding a job, they obstructed this and made her thoroughly economically dependent.
In the end, the client gradually became psychologically withdrawn and reached a state in which she could not think normally.
The Client's Act of Infidelity
The problem is that the client herself, amid the petitioner's continuous gaslighting and indifference, became emotionally unsettled and ultimately committed an act of infidelity.
The client explained that the relationship had already broken down before she decided on divorce and that maintaining a normal marital relationship was impossible, but the act of infidelity was clearly her responsibility.
Unable to bear the loneliness and psychological pressure of this emotional estrangement, the client came to have an emotional exchange with an acquaintance she happened to meet, and the petitioner used this as a pretext to claim a large sum of consolation money and file for divorce.
The Petitioner Targeting Even the Mother's Inherited Property
Even after the divorce litigation concluded, the client had to endure continued legal disputes brought by the petitioner.
Although the petitioner had taken a substantial amount through the division of marital property at the time of the divorce, after the client's mother passed away he targeted even the property inherited in the client's name and filed an additional lawsuit.
Legally, however, inherited property is not property jointly formed during the marriage, so it could not be subject to division of marital property.
2. Yongsan Law Firm | Review of the Case
The attorney identified the issues in this case, prepared relevant precedents, and built a defense strategy.
What Are the Issues in This Case?
Attorney, how do you view the issues in this case?
Attorney: Yes, it is confirmed as fact that the marital relationship broke down because of the client's act of infidelity. However, we need to closely examine whether the fundamental cause of the breakdown lies entirely with the client, or whether the petitioner's continuous gaslighting and psychological abuse had an effect. Recently, courts have tended to consider a spouse's fault when calculating consolation money while also comprehensively assessing whether the marital relationship was already beyond recovery and whether the other spouse also bears responsibility. Accordingly, we must respond so that consolation money is not assessed excessively based solely on the existence of an act of infidelity.
Attorney, how should the defense strategy be prepared?
Attorney: Yes, the petitioner is emphasizing the client's act of infidelity and attempting to shift all responsibility for the breakdown of the marriage onto the client. However, we need to highlight that the client endured continuous verbal abuse and psychological pressure throughout the marriage and to establish that, in such an environment, it was difficult to maintain a normal marital life. In addition, regarding the division of marital property that the petitioner claims, we must make clear that this property was inherited by the client from her mother before the marriage and therefore cannot be subject to division.
Introduction to Relevant Precedents
Courts regard not only the individual wrongs that cause a divorce (for example, infidelity or violence) but the entire process leading ultimately to divorce as a single tort, and they determine consolation money at the point of the final divorce (see Supreme Court Decision 92Meu143 issued on May 27, 1993, and Supreme Court Decision 2021Da253154, 253161 issued on November 25, 2021, among others).
In addition, when determining the amount of consolation money that the at-fault spouse must bear, courts comprehensively consider the following factors.
① The process and degree of the wrongful conduct
② The cause of and responsibility for the breakdown of the marriage
③ The spouses' ages and financial circumstances
In particular, courts have held that "even if a spouse has committed an act of infidelity, the consolation money may be reduced or exempted where the principal responsibility for the breakdown of the marriage lies with the other spouse."
In fact, the position that an act of infidelity occurring after the marital relationship had effectively ended due to psychological abuse or gaslighting should be actively considered in calculating consolation money has been confirmed in numerous precedents (see Supreme Court Decision 87Meu5, 6 issued on May 26, 1987, among others).
In this way, courts tend not to award consolation money unconditionally merely because there was infidelity or other wrongful conduct, but rather to determine the amount of consolation money by examining who bears how much responsibility for the breakdown of the marriage.
3. Yongsan Law Firm | Details of the Assistance
The attorney emphasized that the petitioner's claim for consolation money was unjustified and argued that the cause of the breakdown of the marriage lay not only in the client's act of infidelity but also in long-standing psychological abuse and gaslighting.
After proving the circumstances of the petitioner's continuous psychological pressure and obstruction of economic independence, the attorney emphasized that the client had been in a state of mental and physical weakness, and submitted statements from those around her and counseling records to seek a reduction of the consolation money.
Through this, the attorney strongly established that the petitioner's claim for consolation money was excessive.
4. Yongsan Law Firm | Yongsan Civil Attorney Defends 200 Million Won in Consolation Money
Thanks to the attorney's active defense strategy, only 100 million won of the petitioner's 300 million won claim for consolation money was recognized, and as a result the client was able to defend 200 million won.
This case once again demonstrated that, in consolation money litigation, a spouse's fault is not an absolute standard and that the overall circumstances of the breakdown of the marriage and the psychological state of the parties must also be comprehensively considered.
If you are troubled by an unjustified claim for consolation money in divorce litigation, a 🔗Yongsan Attorney experienced in divorce litigation in Yongsan will respond together with you at your side.
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