Consolation Money for an Affair | Analysis of a District Court Judgment Holding That Consolation Money for an Affair Must Be Paid Where the Parties Went to a Motel Together Even Without Sexual Intercourse

A, who filed the lawsuit concerning consolation money for an affair (a Korean civil claim for consolation money against a spouse's affair partner, with no common-law equivalent), sought compensation for emotional distress against B, a fellow actor of her husband.

According to A, the two grew close while appearing in the same performance, and she claimed that they had engaged in an inappropriate relationship, including going on drives together and staying at a motel.

On this basis, A claimed that B had committed an unfaithful act with her spouse, thereby infringing upon the couple's shared married life, and that she had suffered emotional distress as a result; she therefore sought 30 million won in consolation money.

B's side, however, refuted this, arguing that they were merely senior and junior colleagues in theater who had consulted each other about personal concerns, and that B had never dated A's husband.

B also argued that, although she had briefly gone into a motel while heavily intoxicated, no sexual intercourse had taken place.

The district court that heard the lawsuit for consolation money for an affair found that an unfaithful act had occurred between A's husband and B.

The court relied on the content of a conversation in which B had sent A's husband a message saying "I miss you," and, when B asked, "What are we to each other?" A's husband replied, "An affair"; on this basis, the court determined that this could not readily be regarded as a mere exchange between colleagues or between a senior and a junior.

The court also explained that "taking into account the facts that they went on drives together and stayed at a motel, even if no sexual intercourse occurred, this series of acts constitutes immoral conduct that betrays the duty of trust between spouses and is capable of bringing the marital relationship to a breakdown."

The court went on to state, "Comprehensively considering the duration of the marriage between A and her husband, the family relationship including children, the content and duration of the unfaithful act, and the effect of the unfaithful act on the marital relationship, the amount of consolation money is set at 15 million won," and rendered a judgment partially in favor of A.

This was a district court judgment holding that, in connection with consolation money for an affair, a claim for damages may be recognized where an unfaithful act is clear, such as staying at a motel together, even if no sexual intercourse took place.

This judgment expands the scope within which an affair may be recognized, and it may serve as an important precedent in similar cases going forward.

For those who intend to seek consolation money through a lawsuit against an affair partner, collecting evidence capable of proving the affair conduct is central. Circumstantial evidence alone may not be sufficient; objective and effective evidence is needed, such as recordings of calls, the content of conversations, and CCTV footage of entry into and exit from lodging establishments. However, where evidence is collected through unlawful means, it may not only be inadmissible in court but may also result in criminal punishment.

Accordingly, parties may wish to obtain the assistance of an attorney experienced in such matters to collect materials lawfully and to prepare the litigation thoroughly.

At Daeryun Law Firm LLP, the 🔗Evidence Examination Group and the 🔗Divorce Litigation Group work together to review and collect the materials needed for a lawsuit against an affair partner and then use them at trial.

If you wish to obtain proper compensation for the emotional harm suffered at the hands of an affair partner, you are welcome to visit Daeryun Law Firm LLP for a consultation.