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I have been sued in a lawsuit against a mistress.. What should I do about this?

It has been about three months since I joined the company, and there was a team leader who was especially fond of me and looked after me well. He is somewhat older, but because he exercises and takes good care of himself, I developed feelings for him. He also liked me, and we often went on dates on weekends and became a couple... Suddenly, a person claiming to be the team leader's wife came to the company and told me that she would file a lawsuit against me as his mistress.. I had absolutely no idea that the team leader was married.. Am I inescapably obligated to pay consolation money?

lawsuit against a mistress

Answer to Related Inquiry

Author: 김국일

Hello. This is an attorney experienced in divorce cases at Daeryun Law LLC.

I imagine you are experiencing a great deal of confusion and anxiety due to this unexpected situation.

A lawsuit against a mistress is a lawsuit for consolation money based on a tort under the Civil Act, and a careful and accurate response is necessary.

When a married spouse has an illicit relationship with a mistress, that spouse's spouse can claim consolation money against the mistress on the ground of emotional harm.

However, for such a claim for consolation money to be granted, it must be clearly proven that the mistress, that is, you, participated in the illicit conduct despite being aware that the other party was a married man.

According to your account, the team leader did not disclose the fact of his marriage to you at all, and rather appears to have deceived you by behaving as if he were single.

In such a case, it is highly likely that you will not be found legally responsible for paying consolation money.

According to the Civil Act and precedents, if you did not know that the other party was married and were in a situation where you could not have known this by common social standards, it is generally the case that liability for consolation money is not recognized.

In particular, if the other party intentionally concealed his marital status and there was no situation whatsoever in which you might have suspected it, the lawsuit against you as a mistress can be dismissed.

In your situation, you can make use of the following response measures.

- Securing materials that can prove you did not know of the team leader's marriage (text messages, social media conversations, call recordings, etc.)

- Organizing the circumstances in which the team leader deceived or misled you

- Submitting a written answer within the deadline

- A claim for damages arising from the team leader's deceptive conduct

At Daeryun Law LLC, attorneys experienced in divorce cases who specialize in lawsuits against mistresses collaborate with the evidence investigation center to respond strategically to the matter, including collecting the necessary evidence.

So that you do not unjustly bear consolation money, it is advisable to respond systematically together with an attorney experienced in divorce cases from the early stages.