Lawsuit Against the Adulterous Partner (Female) Case Example | Favorable Judgment with Recovery of Consolation Money Through the Assistance of an Attorney for a Lawsuit Against the Adulterous Partner (Female)

The client who came to an attorney for a lawsuit against the adulterous partner (female) had suspected her husband's infidelity but had not secured decisive evidence.

The client's husband, who had formed a golf club with his coworkers and regularly attended, had recently been on frequent business trips and spoke on the phone with an unfamiliar woman late into the night every day.

When the client pressed him, he made the excuse that the woman was merely a member of the golf club, but the client became convinced of her husband's infidelity.

Accordingly, the client came to a Daeryun attorney for a lawsuit against the adulterous partner (female) in order to secure clear evidence of her husband's infidelity and the personal details of the adulterous partner and to bring a lawsuit.

■ Legal Basis Related to the Case as Explained by the Attorney for a Lawsuit Against the Adulterous Partner (Female)

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

Where the marital community of a couple has broken down due to discord and a long period of separation, so that the substance of the marital life no longer exists and the situation has reached a point that is objectively irrecoverable, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages against the third party [Supreme Court Decision 2003Meu1890, February 27, 2004, and others]

▶ Cases in Which a Third Party Is Responsible for the Breakdown of the Marriage

These include cases in which parents-in-law, a concubine, or a spouse's adultery partner, among others, unduly interfered with the marital life and caused the marriage to break down, or cases in which a spouse is subjected to assault, abuse, or insult by parents-in-law to a degree that makes it harsh to require the continuation of the marital life [Supreme Court Decision 2003Meu1890, February 27, 2004, and others]

▶ Civil Act, Article 766 (Extinctive Prescription of the Right to Claim Damages)

(1) The right to claim damages arising from a tort is extinguished by prescription if it is not exercised within three years from the date on which the victim or the victim's legal representative became aware of the damage and the perpetrator.

(2) The same applies where ten years have elapsed from the date on which the tort was committed.

▶ Criteria for Calculating the Consolation Money That May Be Claimed from the Affair Partner

This varies depending on the duration of the relationship, whether there was a sexual relationship, whether there is a divorce, whether there are children, and similar factors.

▶ Consolation Money May Be Claimed from the Affair Partner Who Is Responsible for the Breakdown of the Couple's Marriage; However, the Following Conditions Are Not Subject to Such a Claim

1. Where the affair partner could not have known of the marital status of one's spouse

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

In order to secure evidence of the husband's infidelity and the personal details of the adulterous partner, the attorney for a lawsuit against the adulterous partner (female) requested investigative work from Daeryun's evidence investigation center.

The Daeryun evidence investigation center captured a scene in which the husband got out of the adulterous partner's car and entered the adulterous partner's home together with her.

In addition, the center captured a scene in which the husband and the adulterous partner entered a resort lodging after a golf club gathering had ended.

Using the telephone number displayed in the adulterous partner's vehicle and information from deliveries and mail, the center also secured the adulterous partner's personal details, such as her name and telephone number.

The attorney for a lawsuit against the adulterous partner (female) brought a lawsuit based on the decisive evidence of infidelity secured by the evidence investigation center.

The attorney for a lawsuit against the adulterous partner (female) argued that the relationship between the client and her husband had been good until the client noticed the fact of her husband's infidelity.

The situation was not at all one in which the marital community had broken down due to discord or a long period of separation, so that the substance of the marital life no longer existed and the situation had reached an objectively irrecoverable point.

In addition, because it was a golf club formed with people from the workplace, the adulterous partner could not have been unaware of the husband's marital status.

Accordingly, the Daeryun attorney for a lawsuit against the adulterous partner (female) brought a damages lawsuit and claimed consolation money from the adulterous partner.

The client who came to the attorney handling the lawsuit against the adulterous partner (female) needed assistance in securing evidence of the husband's affair and the partner's personal information in order to proceed with the litigation.

In response, Daeryun's attorney requested investigative work from the evidence investigation center, succeeded in securing evidence of the affair and the partner's personal information, and provided assistance throughout the entire course of the litigation.

As a result, the court accepted Daeryun's arguments, and the client was able to receive tens of millions of won in consolation money from the adulterous partner.

If you wish to file a lawsuit against an adulterous partner like the client above, we recommend consulting with the attorney at Daeryun Law Firm who handles such lawsuits.