CONTENTS
- 1. The Client Named as a Defendant in a Lawsuit Against the Adulterous Partner (Female)
- - Client's request for defense against adulterous woman lawsuit
- 2. Legal Essentials to Know If You Become a Defendant in a Lawsuit Against the Adulterous Partner (Female)
- - Procedure for a Lawsuit Against the Adulterous Partner (Female)
- - Approach to Defending a Lawsuit Against the Adulterous Partner (Female)
- 3. The Divorce Attorney's Defense Strategy for a Client Who Is a Defendant in a Lawsuit Against the Adulterous Partner (Female)
- - Defending a Lawsuit Against the Adulterous Partner (Female): Emphasizing That the Client Did Not Know of the Marriage
- - Defending a Lawsuit Against the Adulterous Partner (Female): Emphasizing That the Relationship Was Ended Immediately Upon Receiving the Complaint
- 4. Escaping the Position of Defendant in a Lawsuit Against the Adulterous Partner (Female) Through Dismissal of the Consolation Money Claim
- - A Lawsuit Against the Adulterous Partner (Female): You Do Not Have to Simply Endure It
1. The Client Named as a Defendant in a Lawsuit Against the Adulterous Partner (Female)
This is the account of a client who, having been named as a defendant in a lawsuit against the adulterous partner (female) and facing the risk of liability, requested assistance in defending against the lawsuit against the adulterous partner (female).
The client's relationship with her husband had grown distant, and they had agreed to maintain their marriage only in form until their child reached adulthood.
In the meantime, she reportedly developed a romantic relationship with a man she had met through online chatting.
The man said that he was divorced and raising a child alone, and the client and the man quickly became a couple.
The client had planned to register a marriage with the man once her relationship with her husband was resolved, but it turned out that the man was married, and the man's wife, upon learning of the client's existence, filed a lawsuit naming the client as a defendant in a lawsuit against the adulterous partner (female), which led to this case.
Client's request for defense against adulterous woman lawsuit
The client is currently pregnant and is in great psychological pain, so she requested consultation with a female lawyer.
In addition, the client said that he wanted to appoint a corporation that could provide one-stop digital forensic services.
Since this firm has a female lawyer resident and can collaborate with the Digital Forensics Center, we delivered the relevant information, and the client commissioned Daeryun to defend the adult woman lawsuit.
2. Legal Essentials to Know If You Become a Defendant in a Lawsuit Against the Adulterous Partner (Female)
A "sanggannyeo" (the female affair partner) refers to a third-party woman who engaged in an act of infidelity with a married spouse.
Generally, where a married spouse has had a sexual relationship (adultery or an act of infidelity) with another person, that other woman is called a sanggannyeo.
If it is proven that a substantive marital relationship was being maintained (for example, cohabitation or an emotional bond) and that there was intent or negligence as to the act of infidelity, the spouse who is maintaining the marriage may claim consolation money against the affair partner.
A 🔗lawsuit against the adulterous partner (female) is a civil lawsuit in which a spouse who has been harmed by the other spouse's affair (act of infidelity) during the marriage claims consolation money against the affair partner, the sanggannyeo, and where one becomes the defendant, evidence and reasoning to prove the absence of one's own fault are needed.
Procedure for a Lawsuit Against the Adulterous Partner (Female)
If you become the defendant in a lawsuit against the adulterous partner (female), the following procedure applies.
1. Service of the complaint
The plaintiff files the complaint directly to bring the lawsuit against the adulterous partner (female).
At this point, the defendant receives a copy of the complaint from the court by registered mail or service.
2. Submission of an answer
The defendant must prepare an answer to the lawsuit against the adulterous partner (female) and rebut the facts and the legal arguments.
If a defense against the lawsuit against the adulterous partner (female) is needed, the main points are whether the marital relationship had broken down, the absence of intent or negligence, and denial of the facts.
3. Attendance at the pleading date (trial date)
The court designates a pleading date and hears the arguments of both sides.
At this time, opportunities for statements, submission of evidence, and rebuttal are given, and if necessary, evidentiary materials such as text messages, photographs, call records, and circumstances of cohabitation are submitted.
4. Pronouncement of judgment
The court renders a judgment on whether to pay consolation money and the amount, based on whether the marital relationship was substantive, the adulterous partner's intent, and the evidence.
Once a judgment ordering payment of consolation money becomes final, an obligation to pay arises.
If you wish to contest the judgment, you can respond by filing an appeal.
Approach to Defending a Lawsuit Against the Adulterous Partner (Female)
When you become the defendant in a lawsuit against the adulterous partner (female), a thorough legal response is important.
| Response Point | Explanation |
| Argument that the marriage had broken down | Prove with evidence that the marriage with the plaintiff's spouse had already broken down |
| Absence of intent | Establish circumstances showing that the defendant did not know, or was deceived as to, the fact that the other party was married |
| Pointing out insufficient evidence | Emphasize that the plaintiff's evidence is false or insufficient |
| Grounds for reducing consolation money | Argue for reduction based on the severity of the harm, the duration of the relationship, and whether there has been reflection |
A lawsuit against the adulterous partner (female) is a complex case in which the facts, emotions, and prevailing social norms are all combined.
Rather than being swept up emotionally, you should obtain an attorney's advice and establish accurate arguments and a strategy of proof so that you can reduce unnecessary loss.
Lawsuit against the adulterous partner (female): Setting a defense direction suited to your situation
3. The Divorce Attorney's Defense Strategy for a Client Who Is a Defendant in a Lawsuit Against the Adulterous Partner (Female)
The divorce attorney responded as follows for the client, who had unjustly become the defendant in a lawsuit against the adulterous partner (female).
Defending a Lawsuit Against the Adulterous Partner (Female): Emphasizing That the Client Did Not Know of the Marriage
First, the divorce attorney emphasized the fact that the client did not know the other man was married.
According to the evidence collected from the client’s mobile phone with the help of the digital forensics center, the client, immediately upon receiving the complaint in the lawsuit against the adulterous partner (female), pressed the man as to whether it was true that he was in a marital relationship.
Also, the other man said he was sorry for deceiving her and only then disclosed the fact of his marriage.
Even though the spouses have not yet divorced, if the marital community of life has thus substantially broken down to a degree that cannot be restored, then even if a third party engages in sexual conduct with one of the spouses, this cannot be regarded as an act that infringes upon the marital community of life or hinders its maintenance, and it likewise cannot be said that loss arises whereby the spouse’s right concerning the marital community of life is infringed, so it is difficult to find that a tort is established.
On the basis of the said evidence and the above precedent, the divorce attorney argued that, because the client had no knowledge whatsoever that the other man was in a marital relationship, the claim of the plaintiff in this case should be dismissed.
Defending a Lawsuit Against the Adulterous Partner (Female): Emphasizing That the Relationship Was Ended Immediately Upon Receiving the Complaint
The divorce attorney emphasized the fact that, although the client had been in a relationship with the other man, the client, having become the defendant in the lawsuit against the adulterous partner, ended the relationship immediately upon learning that the other man was married.
Even though the client had been deeply hurt by being deceived by the other man’s lies, the client felt sorry toward the plaintiff in this case, who may have been even more deeply hurt by the client’s conduct.
The divorce attorney requested the court to “dismiss the claim of the plaintiff in this case, as the client did not know that the husband of the plaintiff in this case was married and ended the relationship immediately upon learning of it.”
4. Escaping the Position of Defendant in a Lawsuit Against the Adulterous Partner (Female) Through Dismissal of the Consolation Money Claim
As a result of the divorce attorney undertaking the defense in the lawsuit against the adulterous partner (female) on behalf of the client, the court rendered a judgment dismissing all of the plaintiff's claims.
The client had been deceived by the other man's lies and developed into a romantic relationship, then became the defendant in a lawsuit against the adulterous partner (female) and was unfairly at risk of having to pay consolation money. However, because of the one-stop response by our firm's divorce attorney, evidence investigation center, and digital forensics center, the result of having all of the plaintiff's claims dismissed was obtained.
In the case of an affair or adultery, it is not subject to criminal punishment, but through a civil lawsuit one may be liable for consolation money of as much as 30 million won or more.
As with the client in this case, when one becomes the defendant in a lawsuit against the adulterous partner (female), retaining a divorce attorney promptly to prepare a response is what can prevent unnecessary loss.
Our firm has a resident female attorney, so if the client wishes, the client may proceed with a consultation with a female attorney.
If you are in a situation that requires defense in a lawsuit against the adulterous partner (female), 🔗legal consultation reservation we hope you will proceed with this.
A Lawsuit Against the Adulterous Partner (Female): You Do Not Have to Simply Endure It
Even from the position of being a defendant in a lawsuit against the adulterous partner (female), claiming the harm one has suffered is a natural right.
A divorce attorney can carry out all legal procedures together with a client in the position of a defendant in a lawsuit against the adulterous partner (female) in situations such as the following.
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.
