CONTENTS
- 1. The Client Seeking to File a Lawsuit Against the Adulterous Partner (Female)
- - The Client's Request
- 2. Explanation of a Lawsuit Against the Adulterous Partner (Female)
- - Procedure for a Lawsuit Against the Adulterous Partner (Female)
- - Standard for Calculating Consolation Money in a Lawsuit Against the Adulterous Partner (Female)
- 3. The Divorce Specialist Attorney Who Assisted with the Lawsuit Against the Adulterous Partner (Female)
- - Collaboration with the Evidence Examination Center
- - Asserting Liability for Damages
- 4. Result of the Lawsuit Against the Adulterous Partner (Female)
1. The Client Seeking to File a Lawsuit Against the Adulterous Partner (Female)
This is the account of a client who sought the assistance of this firm's divorce attorney, stating that she intended to file a lawsuit against the adulterous partner (female).
The client said she had maintained a marital relationship with her husband for 20 years, and that about 10 years ago she learned of her husband's infidelity.
At the time, the husband begged for forgiveness, saying it was a momentary mistake, and the client forgave him for the sake of their young children.
Afterward, the client and her husband restored their original relationship and led a peaceful family life.
Recently, however, the husband kept demanding a divorce from the client. Sensing that something was wrong, the client pressed her husband and ultimately learned that he was committing infidelity again.
In shock, the client met her husband's affair partner and asked her to break it off, but the affair partner brazenly denied the infidelity.
Accordingly, the client sought out this firm's divorce attorney in order to file a lawsuit against the adulterous partner (female) against her husband's affair partner.
The Client's Request
The client said that the issue of the children meant that more consideration was needed before divorce, and that she would file only a lawsuit against the adulterous partner (female).
The client was afraid that, if she did not divorce her husband, she would be unable to receive consolation money in the lawsuit against the adulterous partner (female). The attorney specializing in divorce, in collaboration with the Evidence Investigation Center, decided to file the lawsuit against the adulterous partner (female) on the client's behalf and seek to obtain consolation money.
2. Explanation of a Lawsuit Against the Adulterous Partner (Female)
🔗A lawsuit against the adulterous partner (female) refers to a civil lawsuit claiming damages against the adulterous female partner who engaged in an affair with a spouse while the marital relationship was maintained.
The legal basis is Article 750 of the Civil Act (liability for tort), and because a marital relationship is a legally protected status relationship, an infringement of it gives rise to liability for damages.
However, infidelity after divorce is not subject to the lawsuit, and damages may be claimed only for an affair that occurred before divorce.
As for the spouse, consolation money may be claimed separately in a divorce action, and a lawsuit against the adulterous partner (female) is one filed against the spouse's adulterous female partner.
Procedure for a Lawsuit Against the Adulterous Partner (Female)
The general procedure for a lawsuit against the adulterous partner (female) is as follows.
| Procedural Stage | Description |
| Securing evidence | Securing evidence that can prove the affair (KakaoTalk conversation records, photographs, lodging records, written statements, and the like) |
| Filing the complaint | Filing a lawsuit against the adulterous partner (female) with the competent family court or district court |
| Submission of an answer and oral argument | Submission of the defendant’s rebuttal and supporting materials, and the court’s examination |
| Pronouncement of judgment | Determination of the amount of damages and pronouncement of judgment according to the court’s decision |
When evidence is insufficient, the claim is likely to be dismissed, so it is important to secure sufficient physical evidence, such as records of entry to and exit from lodging establishments and original messages, before the litigation stage.
Standard for Calculating Consolation Money in a Lawsuit Against the Adulterous Partner (Female)
The consolation money in a lawsuit against the adulterous partner (female) is not a fixed amount; rather, the court reasonably determines it according to the individual circumstances based on the following criteria.
| Assessment Factor | Explanation |
| Duration of marriage | The longer the marriage and the more stable the relationship, the higher the consolation money |
| Duration of the infidelity | The more prolonged and repeated the infidelity, the heavier the liability |
| Attitude toward the infidelity | The consolation money increases if the adulterous partner was active in the infidelity or knew of the marriage |
| Degree of responsibility for the breakdown of the marriage | The more directly the infidelity caused the divorce, the larger the consolation money |
As with the client in this case, when only a lawsuit against the adulterous partner (female) is filed without seeking a divorce, the degree of responsibility for the breakdown of the marriage is reduced, so the amount of consolation money may be smaller.
Accordingly, seeking the assistance of an attorney specializing in divorce and responding firmly can increase the likelihood of obtaining the desired result.
3. The Divorce Specialist Attorney Who Assisted with the Lawsuit Against the Adulterous Partner (Female)
The divorce attorney provided the following assistance for the client’s filing of the lawsuit against the adulterous partner (female).
Collaboration with the Evidence Examination Center
The divorce-specialist attorney collaborated with the evidence investigation center to secure the evidence needed for the lawsuit against the adulterous partner (female) as follows.
2. Recorded phone calls
3. Recording of the spouse admitting the affair
The evidence investigation center did not stop at securing the evidence but organized the evidentiary materials in a form that could be attached when filing the complaint.
Asserting Liability for Damages
The divorce attorney emphasized that the client suffered great psychological harm due to the affair partner's infidelity.
The client had intended to raise the children to adulthood and spend his later years with his wife, but due to the affair partner's infidelity, the client's plans for his later years were entirely ruined.
Civil Act, Article 751 (Compensation for Loss Other than Property) ① A person who has injured the body, liberty, or reputation of another, or inflicted any mental suffering on another, is liable to compensate for loss other than property as well.
Citing Articles 750 and 751 of the Civil Act, the divorce attorney argued that the affair partner in the client's case was liable to pay the client consolation money of 30 million won.
4. Result of the Lawsuit Against the Adulterous Partner (Female)
With the assistance of a divorce attorney, the court issued, in the client’s case, a judgment ordering the adulterous partner (female) to pay the client 30 million won in consolation money.
The client had been worried about receiving only a small amount of consolation money because she was not divorcing her husband. Because the divorce attorney and the evidence investigation center secured solid evidence and filed the lawsuit against the adulterous partner (female), it was possible to obtain 30 million won in consolation money.
There may be many people who, like the client in this case, are facing concerns about divorce, child custody, and other matters as they prepare to file a lawsuit against an adulterous partner (female).
If you entrust your case to this firm’s divorce attorneys, we will work to develop a strategy suited to the client’s case and to lead it toward a favorable result.
If you need assistance, please proceed with a 🔗legal consultation reservation with Daeryun Law Firm.
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