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Deals & Cases

Damages / Compensation for loss

[Assistance Case of a Gyodae Damages Attorney] Successful Claim for Consolation Money Against the Adulterous Partner With the Assistance of a Gyodae Damages Attorney

The client, who came to a Gyodae damages attorney, sought to file a claim for damages against the male adulterous partner who had carried on an affair with the spouse over a long period. An attorney with extensive experience in damages litigation undertook to assist the client.

CONTENTS
  • 1. The Client Who Requested Assistance From the Gyodae Damages Attorney
    • - The Circumstances Behind the Client Coming to the Gyodae Damages Attorney
    • - Laws Related to the Case Explained by the Gyodae Damages Attorney
  • 2. The Assistance Provided by the Gyodae Damages Attorney
    • - The Gyodae Damages Attorney Argued That the Defendant Had Infringed the Marital Community
    • - The Gyodae Damages Attorney Argued the Long Duration of the Affair Between the Defendant and the Spouse
    • - The Gyodae Damages Attorney Argued That the Defendant Knew the Client's Spouse Was Married
  • 3. Successful Claim for Consolation Money With the Assistance of the Gyodae Damages Attorney
    • - The Gyodae Damages Attorney Provided Assistance With Expertise

1. The Client Who Requested Assistance From the Gyodae Damages Attorney

The client, who came to the Gyodae damages attorney, visited Daeryun in order to obtain consolation money in a claim for damages against the male adulterous partner who had carried on an affair with the spouse. The Gyodae damages attorney listened in detail to the reason the client had come to the Gyodae law office for the claim for damages.

The Circumstances Behind the Client Coming to the Gyodae Damages Attorney

The client, who came to the Gyodae damages attorney, learned that the client's spouse had been involved with another man and had committed an act of infidelity.

The client and the client's spouse were both working professionals, each with a job.

The client's spouse was involved, without the client's knowledge, with a man whom the spouse had met at work.

Unaware of this, the client had only harbored suspicions based on various odd circumstances.

Then, after the spouse finished work, while waiting near the spouse's workplace to escort the spouse home, the client discovered the spouse and a man together engaging in an act of infidelity.

With the assistance of the Gyodae damages attorney, the client therefore sought to file a claim for damages against the spouse's male adulterous partner.

Laws Related to the Case Explained by the Gyodae Damages Attorney

■Laws related to the case explained by the Gyodae damages attorney

▶Lawsuit against the spouse's affair partner

▶Where a Third Party Is Responsible for the Breakdown of the Marriage

This may include cases where parents-in-law, a mistress, or a spouse's adulterous partner improperly interferes with the marital life and brings the marriage to a breakdown, or cases where the spouse is subjected to violence, abuse, or insult by parents-in-law to a degree that makes it harsh to compel continuation of the marital life. - Supreme Court Decision 2003Meu1890, rendered February 27, 2004, among others

▶Matters to Note in a Consolation Money Lawsuit Against an Affair Partner

Once a marital community has broken down through discord and a prolonged separation, so that the substance of the marital life no longer exists and the situation has reached a point that cannot objectively be restored, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages from the third party. - Supreme Court Decision 2003Meu1890, rendered February 27, 2004, among others

※ Consolation money may be claimed from an affair partner who is responsible for the breakdown of the marriage, but the following circumstances fall outside that scope.

1. Where the affair partner could not have known of my spouse's marital status

2. Where the marital relationship had in fact already ended before the act of the affair

2. The Assistance Provided by the Gyodae Damages Attorney

Understanding the emotional distress the client must have suffered, the Gyodae damages attorney presented arguments in order to claim consolation money from the male adulterous partner.

The Gyodae Damages Attorney Argued That the Defendant Had Infringed the Marital Community

The Gyodae damages attorney argued that the defendant had infringed the plaintiff's marital community.

Where the defendant, as a third party to the marital community, commits an act of infidelity with one of the spouses, it is regarded as a tort.

The Gyodae damages attorney pointed to the defendant's conduct, which infringed the marital community and interfered with its maintenance.

The Gyodae Damages Attorney Argued the Long Duration of the Affair Between the Defendant and the Spouse

The Gyodae damages attorney established the fact that the defendant and the client's spouse had met at work and carried on a relationship and acts of infidelity over a long period.

Upon reviewing the defendant's text messages, the relationship had lasted at least two years, during which the defendant and the client's spouse committed many acts of infidelity.

The Gyodae damages attorney appealed to the emotional distress the client must have suffered owing to the long duration of the affair between the defendant and the client's spouse.

The Gyodae Damages Attorney Argued That the Defendant Knew the Client's Spouse Was Married

The Gyodae damages attorney argued that the defendant had committed the act with knowledge that the client's spouse was married.

The defendant had known, even before the relationship began, that the client's spouse was married, and, with that knowledge, the defendant had secretly carried on an affair with the client's spouse.

The Gyodae damages attorney emphasized that the defendant had deliberately approached the spouse despite knowing that the other person was not unmarried.

3. Successful Claim for Consolation Money With the Assistance of the Gyodae Damages Attorney

With the dedicated assistance of the Gyodae damages attorney, the client was able to be awarded consolation money in the claim for damages against the spouse's male adulterous partner.

The Gyodae Damages Attorney Provided Assistance With Expertise

Through the Gyodae damages attorney's professional knowledge and Daeryun's systematic structure, the client was able to be awarded consolation money from the spouse's male adulterous partner in the claim for damages.

In a damages lawsuit against an affair partner, a claim for consolation money requires specific proof and the assistance of an experienced attorney.

At Daeryun Law Firm, attorneys experienced in damages litigation provide assistance to clients.

If you are facing concerns over a case similar to the example above, you may request a consultation with a Gyodae damages attorney.

[교대손해배상변호사 조력사례] 교대손해배상변호사의 조력으로 상간남에 위자료 청구 성공

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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