Uijeongbu Attorney Favorable Judgment | Uijeongbu Attorney Succeeds in Claim for Consolation Money Against the Adulterous Partner

The husband of the client who came to the Uijeongbu attorney went to the golf course every week to enjoy golf, his hobby.

As time passed, the husband's homecoming time grew increasingly late, and as he became difficult to reach, the client came to regard her husband with suspicion.

While the husband was briefly in the restroom, the client looked at her spouse's mobile phone.

Through the mobile phone, the client discovered her husband's infidelity and felt a great sense of betrayal and shock.

Accordingly, the client decided to file a damages lawsuit against the female adulterous partner with the assistance of an attorney.

How did the Uijeongbu attorney resolve the case?

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

(1) The right to claim damages arising from a tort shall be extinguished by prescription if not exercised within three years from the date on which the injured party or his or her legal representative becomes aware of the damage and of the person who caused it.

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

Points to Note in a Consolation Money Lawsuit Against an Affair Partner

Where a married couple's communal life has broken down due to discord and a prolonged period of separation, such that the substance of the marital life no longer exists

and the marriage has reached a state that objectively cannot be restored,

even if a third party has an affair with one of the spouses, the other spouse cannot claim damages from the third party.

Consolation money may be claimed from an affair partner who is responsible for the breakdown of the couple's marriage; however, this is not applicable where the following conditions apply

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

2. Where the marital relationship had in fact ended before the affair took place

The Uijeongbu attorney emphasized that liability for damages arises for the defendant, who committed the act of infidelity with one of the spouses, on the basis of any act of infidelity that fails to remain faithful to the marital duty of fidelity.

The Uijeongbu attorney emphasized that, because the client's trusted husband and the defendant committed the act of infidelity, the client suffered considerable mental shock and that even her state of health deteriorated.

The Uijeongbu attorney emphasized that the defendant exchanged communications with the client's spouse over a substantial period as though the two were in a romantic relationship, and that the defendant engaged in acts such as sending photographs of the defendant's own body.

This case involved a client who prevailed in a claim for damages against the adulterous partner (female).

Because more reliable evidence is needed in a claim for damages, it is advantageous to receive the assistance of an attorney specializing in this area.

If you require the assistance of a specialized attorney in a matter such as this case,

please contact Daeryun Law Firm.

We will provide active assistance with your case.