[Pyeongtaek Civil Matters Attorney Assistance] A Pyeongtaek Civil Matters Attorney Succeeded in Reducing the Consolation Money by More Than Half

This is the case of the client who requested the Pyeongtaek civil matters attorney's assistance.

One day, the client happened to run into a friend from her school days and they exchanged contact.

Owing to the friend's active courtship, they came to have sexual relations, and afterward the friend reportedly continued to contact the client and demand sexual relations.

The friend took photographs and videos during the relations, and these recordings were discovered by the friend's spouse.

A few days later, the client received a complaint seeking about 30 million won in consolation money, and feeling burdened, the client came to the Pyeongtaek civil matters attorney at Daeryun Law Firm to reduce the consolation money.

■ Lawsuit Against the Spouse's Affair Partner

▶ Where a Third Party Is Responsible for the Breakdown of the Marriage

This refers to cases such as where parents-in-law, a concubine, or a spouse's adultery partner improperly interfere with the marital life so as to bring the marriage to breakdown, or where one is subjected to violence, abuse, or insult by the parents-in-law to a degree that makes it cruel to compel continuation of the marital life.

- Supreme Court Judgment of Feb. 27, 2004, 2003Meu1890, among others

▶Points to Note in a Consolation Money Lawsuit Against the Affair Partner

Once a married couple's communal life has broken down due to discord and prolonged separation, so that the substance of the marital relationship no longer exists and it has reached a state that cannot objectively be restored, the other spouse cannot claim damages from a third party even if that third party engaged in an affair with one of the spouses.

- Supreme Court Judgment of Feb. 27, 2004, 2003Meu1890, among others

▶ Consolation money may be claimed against an affair partner who bears responsibility for the breakdown of the marriage,

but the affair partner is not subject to such a claim where the following conditions apply.

1. Where the affair partner could not have known that the client's spouse was married

2. Where the marital relationship had in fact already ended before the act of adultery

The period of the relationship between the defendant and the non-party was about less than 2 months, which constitutes a short period.

The attorney also argued that the defendant wanted to end the meetings, but because the non-party possessed nude photographs of the defendant, the defendant had no choice but to continue the relationship out of fear of their distribution.

The tort began with the non-party's active courtship, and the sexual relations likewise occurred at the non-party's demand.

Therefore, the tort in this case can be regarded as a joint tort by the defendant and the non-party

For this reason, the attorney argued that if the plaintiff's claim were granted, the defendant would have no choice but to exercise a right of reimbursement against the non-party's portion of responsibility, and requested that this be taken into account in determining the amount granted.

The case above was an instance of a client who, having been sued in a lawsuit against the spouse's affair partner and placed at risk of paying a large amount of consolation money, succeeded in reducing it with the assistance of the Pyeongtaek civil matters attorney.

In this way, if you have been sued in a lawsuit against the spouse's affair partner and need to reduce the consolation money, the assistance of an experienced attorney can help.

At Daeryun Law Firm, experienced attorneys who have handled numerous civil cases and possess extensive trial experience guide the client's case in a favorable direction.

If, like the case above, you have been sued in a consolation money lawsuit and need legal help, you may request that the Pyeongtaek civil matters attorney at Daeryun Law Firm handle your case at any time.