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Deals & Cases

Damages (General)

Incheon Divorce Attorney | Daeryun Incheon Divorce Attorney Who Recovered 20 Million Won Through a Lawsuit Against the Spouse's Affair Partner

The client requested the assistance of an Incheon divorce attorney with extensive litigation experience in order to pursue a claim for damages against the spouse's affair partner.

CONTENTS
  • 1. The Client Who Met the Incheon Divorce Attorney
    • - The Client's Situation
  • 2. Requirements for a Damages Claim Against an Affair Partner, Explained by an Incheon Divorce Attorney
    • - What Is Infidelity (a Tort)?
    • - Examples of Infidelity
  • 3. The Incheon Divorce Attorney's Assistance
    • - Incheon Divorce Attorney: The Defendant Continued the Infidelity Despite Knowing the Client's Spouse Was Married
    • - Incheon Divorce Attorney: The Client Suffered Severe Emotional Shock From the Defendant's Infidelity
    • - Incheon Divorce Attorney: The Client's Marriage Broke Down Due to the Defendant's Infidelity
  • 4. The Result of the Incheon Divorce Attorney's Assistance
    • - If You Have Been Deeply Hurt by a Spouse's Affair

1. The Client Who Met the Incheon Divorce Attorney

The client's account is as follows.

The Client's Situation

The client was the head of a household who had maintained the family for more than ten years and had built a stable home together with the spouse.

The client and his wife also had a newborn baby.

While handling an urgent work matter on his wife's mobile phone, the client saw a KakaoTalk message reading "I miss you" from an unknown man, and learned that his wife had been engaged in an affair over a long period.

Shockingly, the affair partner turned out to be a pastor whom they had met at a religious gathering for couples.

Having suffered severe emotional harm as a result, the client decided to file a claim for damages against the affair partner who had committed the act of infidelity and brought about the breakdown of the marriage, and requested professional assistance from an Incheon divorce attorney.

2. Requirements for a Damages Claim Against an Affair Partner, Explained by an Incheon Divorce Attorney

The Incheon divorce attorney reviewed the relevant statutes for the client's claim for damages against the affair partner.

Article 750 of the Civil Act (Tort)
A person who has suffered mental distress as a result of another person's tort may claim damages.

The attorney also examined in detail the requirements for filing a claim for damages against an affair partner.

① Intent or negligence of the other party: clear infidelity (including a physical relationship), rather than a mere acquaintance, must be proven.
② Causation with the breakdown of the marriage: the affair partner's infidelity must be the direct cause that led the marriage to break down.
③ The victim's mental distress: it must be objectively proven that the victim suffered emotional harm as a result of the affair partner's infidelity.

What Is Infidelity (a Tort)?

It refers to causing harm to another person through an unlawful act committed with intent or negligence, and a person who commits a tort is liable to compensate the injured person for that harm.

An affair partner's infidelity refers to an unlawful act committed intentionally with knowledge that the other person has a spouse.

Examples of Infidelity

Examples that constitute infidelity are as follows.

- Cases where the two not only had sexual relations but also entered lodging establishments together or exchanged sexual conversations
- Cases where they used pet names for each other and enjoyed dates or trips
- Cases where they gave and received financial or material support


Infidelity is not recognized only where sexual relations are involved, so it can be proven using various materials such as call records, text messages, SNS conversations, travel photos, and CCTV footage.

Daeryun Law Firm assists clients by securing reliable evidence through lawful procedures and methods, drawing on the state-of-the-art equipment and technical capabilities of its Evidence Investigation, Digital Forensics, and Security Group.

If these requirements are met, a claim for damages against an affair partner may be filed, and the court determines the amount of the consolation money and damages by considering the parties' arguments and the evidence as a whole.

3. The Incheon Divorce Attorney's Assistance

🔗The Incheon divorce attorney closely investigated when the affair between the affair partner and the wife had begun and how far it had progressed, collected lawful evidence through collaboration with Daeryun Law Firm's Evidence Investigation, Digital Forensics, and Security Group, and made the following arguments.

The following is the assistance provided by the Incheon divorce attorney.

Incheon Divorce Attorney: The Defendant Continued the Infidelity Despite Knowing the Client's Spouse Was Married

From the messenger exchanges between the defendant and the spouse, which mentioned a newborn child, it was clear that the defendant had maintained an improper relationship even though the defendant already knew that the client's spouse was a married person with a family.

In addition, the client had already contacted the defendant and requested that the affair be ended.

However, it was confirmed that the defendant ignored that warning and continued the affair for more than a year.

Incheon Divorce Attorney: The Client Suffered Severe Emotional Shock From the Defendant's Infidelity

The Incheon divorce attorney emphasized that the defendant's infidelity, which infringed upon the marital community life, drove the client's once-peaceful home to its breakdown.

Raising a newborn, the client developed depression as a result of the defendant's tort.

For this reason, the attorney argued that the client suffered severe emotional shock and faced great difficulty balancing work and childcare as the head of a household.

Incheon Divorce Attorney: The Client's Marriage Broke Down Due to the Defendant's Infidelity

The Incheon divorce attorney argued that, because the defendant's infidelity had destroyed a family and caused the client severe emotional shock and harm, the defendant was liable to pay consolation money.

The attorney also strongly argued that the emotional distress the client suffered arose, above all, from the affair partner's infidelity.

4. The Result of the Incheon Divorce Attorney's Assistance

The court accepted the Incheon divorce attorney's arguments and issued the following judgment.

"The defendant shall pay the plaintiff 20,000,000 won, together with an amount calculated at the rate of 12% per annum until the date of full payment."

If You Have Been Deeply Hurt by a Spouse's Affair

The most important thing in a lawsuit for damages against an affair partner is proving the infidelity.

In civil litigation, the burden of proof lies with the plaintiff, so securing evidence that the infidelity was committed is most important.

However, if an individual collects evidence carelessly or by improper means, legal problems may arise.

Daeryun Law Firm's 🔗Evidence Investigation, Digital Forensics, and Security Group properly collects evidence with legal effect that can determine the direction of the case, helping to steer the litigation in a favorable direction.

If you wish to pursue a lawsuit for damages against an affair partner, please reach out to an Incheon divorce attorney at Daeryun Law Firm at any time.

인천이혼전문변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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