Spousal Infidelity | A Case in Which a Lawsuit against the Adulterous Partner (Male) Was Filed and 40 Million Won Was Recovered

A lawsuit against the spouse's affair partner is a claim for damages for a tort under Article 750 of the Civil Act.

The Civil Act provides for the duty of fidelity between spouses, and it recognizes the tort liability of an affair partner who engages in an inappropriate relationship with a married person during the marriage.

Accordingly, if the fact of the spouse's infidelity during the marriage is clear and the other party knew that the spouse was married, this lawsuit may be filed.

Through this, consolation money for psychological harm may be recovered, and the general procedure for a lawsuit against the spouse's affair partner is as follows.

In the complaint, it is important not merely to make an emotional appeal but to organize and set out specifically when and how the infidelity took place and how the marital relationship broke down as a result.

While the trial is in progress, the answer submitted by the affair partner must be reviewed, additional evidence must be organized in response to the denial arguments, and the fact of the infidelity and the psychological distress actually caused by it must be explained persuasively at the pleading dates.

In addition, a response that takes into account follow-up procedures to secure performance is necessary in preparation for cases in which the consolation money is not voluntarily paid even after the judgment has become final.

The divorce attorney first reviewed the materials secured by the client and then set about securing specific evidence to prove the spousal infidelity.

In addition to materials already secured, such as message screenshots, hotel receipts, and vehicle location records, the attorney supplemented additional supporting materials, including the spouse's hospital treatment records, call logs, and CCTV footage.

In this way, it was possible to clearly organize the timing and location of the infidelity, as well as whether the affair partner was aware of the spouse's marriage.

Based on the secured evidence, the divorce attorney filed a complaint claiming 40 million won in consolation money against the affair partner.

In particular, the attorney emphasized that, due to the spousal infidelity, the client was receiving psychiatric treatment for severe insomnia and anxiety symptoms, and attached the actual treatment records and the contents of the medication prescriptions as evidence.

In addition, a copy of the complaint confirming that the divorce litigation was in progress was submitted together, thereby proving the connection to the breakdown of the marital relationship.

The affair partner argued, “I thought the spouse was already living separately,” and, “I did not know that the spouse was married.”

In response, the divorce attorney proved that the affair partner had visited the client's home on several occasions in the past, and emphasized the circumstances among the messages exchanged between the affair partner and the spouse showing recognition of the client's existence, thereby strongly pressing the affair partner's liability for continuing the relationship despite being aware of the spousal infidelity.