Lawsuit Against the Adulterous Partner (Male) | A Case of Filing a Consolation Money Lawsuit Against the Adulterous Partner and Recovering 30 Million Won

The client says he had been living with his wife in a home happier than anyone else's.

His wife had always been faithful to the family, but one day she said she had a male colleague she had become close with at work and invited him to the client's home.

Because the man was his wife's colleague, the client treated him warmly and even drank together with him.

From that day on, his wife's attitude changed; she suddenly went out frequently and never set her mobile phone down.

In addition, the adulterous partner gave the client's wife expensive gifts and even paid for her massages.

The client, never imagining that the man was an adulterous partner, thought that he was merely working alongside the client and expressing gratitude.

Then, while happening to check his wife's phone, the client discovered that she had registered the adulterous partner under another person's name.

After that, he discovered a receipt for medical fees for an STD test that his wife had thrown into the recycling bin, and because there had been no marital relations at all between the client and his wife, he became certain of the affair between his wife and the adulterous partner.

The client requested assistance with filing a lawsuit against the spouse's affair partner (male), stating that, even after filing for divorce against the client's wife, the wife and the affair partner had continued to meet.

The client asked for help so that the client could at least receive compensation in the form of consolation money for the client's mental suffering.

A 🔗lawsuit against the adulterous partner (male) basically follows civil litigation procedures.

① Securing the fact of the affair and evidence
Preparing materials proving the spouse's affair and the other party's awareness of it

② Sending a certified content mail
Notifying the adulterous partner of the intention to claim consolation money and the relevant facts
A procedure for prior negotiation (exploring the possibility of a settlement without a lawsuit)

③ Filing a civil lawsuit
Submitting a complaint claiming consolation money to the court with jurisdiction

④ Preparing for pleadings and submitting evidence
Submitting the secured evidence and asserting the facts

⑤ Pronouncement of judgment
Determining the amount of consolation money and whether liability exists

The most important thing in a lawsuit against the adulterous partner (male) is to gather evidence proving whether the act of infidelity occurred and whether he knew the woman was married.

When gathering evidence, one must be careful because illegal filming, wiretapping, and the like may not be admitted as having evidentiary capacity.

If you need assistance in gathering evidence for a lawsuit against the adulterous partner (male), our firm’s evidence investigation center and digital forensics center can help.

The types of evidence for a lawsuit against the adulterous partner (male) are as follows.

The attorney collaborated with the Evidence Investigation Center and the Digital Forensics Center to collect the records of conversations between the client's wife and the male affair partner.

In addition, the attorney secured photographs of them entering a motel, thereby preparing evidence of the infidelity.

The specialist attorney prepared and submitted a complaint claiming 30 million won in consolation money against the adulterous partner (male).

As the reason for the calculation of the consolation money, the attorney emphasized that the client was unable to maintain daily life and could not fall asleep without psychiatric medication.

To prove this, the attorney also submitted psychiatric treatment records, and submitted as evidence a copy of the complaint proving that the client was in the midst of divorce litigation with the wife.

Upon receiving the copy of the complaint, the male affair partner claimed that he had not known that the client and his wife were in a marital relationship.

However, the attorney argued that the male affair partner had even come to the home where the client and his wife were living together, and that the male affair partner was telling a blatant lie.

To prove this, the attorney also submitted home-camera footage that had been installed at the client's home on the day of the visit.