Jeonju Divorce Attorney Assistance Case | Successful Claim for Consolation Money in a Lawsuit Against the Adulterous Partner with the Assistance of a Jeonju Divorce Attorney

The client who came to a Jeonju divorce attorney expressed having suffered severe distress due to the spouse's marital infidelity.

The client became suspicious of the husband's behavior, which was neglectful of the family in a manner different from usual, and questioned him.

When the client pressed him, the husband, who had lied several times, ultimately admitted to an improper relationship with a woman at the same company.

Thereafter, the client, who suffered severe emotional distress, decided to bring a damages lawsuit against the adulterous partner and sought to obtain consolation money.

The client therefore requested assistance from a Jeonju divorce attorney at Daeryun.

■ Statutes relevant to the case, as explained by a Jeonju divorce attorney

■ 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 the parents-in-law, a concubine, or the spouse's adulterous partner unjustly interferes in the marital life and thereby causes the marriage to break down, or where the person is subjected to assault, 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 February 27, 2004, Case No. 2003Meu1890, among others

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

Where the marital community 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 relationship has reached a point that objectively cannot be restored, even if a third party engages in marital infidelity with one of the spouses, the other spouse cannot claim damages from the third party.

- Supreme Court Judgment of February 27, 2004, Case No. 2003Meu1890, among others

▶ Consolation money may be claimed from an affair partner who is responsible for the breakdown of the marriage, but the partner is not subject to such a claim where the following conditions apply.

1. Where the affair partner could not have known that your spouse was married

2. Where the marital relationship had in substance already ended before the act of infidelity

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

This varies depending on factors such as the duration of the relationship, whether sexual relations occurred, whether a divorce takes place, and whether there are children.

The Jeonju divorce attorney emphasized the fact that the client was receiving psychiatric care and undergoing concurrent treatment.

The adulterous partner's act of infidelity caused the client a great sense of betrayal and emotional shock.

It was argued that, after learning of the infidelity, the client exhibited symptoms such as severe insomnia, indigestion, and tinnitus, and was unable to maintain daily life.

The adulterous partner committed an act of infidelity that infringed upon the rights of the client and the client's spouse.

As a result, the client had to endure severe distress.

The Jeonju divorce attorney emphasized that there was an obligation to compensate for the emotional distress the client had suffered.

Upon learning of the act of infidelity between the spouse and the adulterous partner, the client demanded a divorce.

The Jeonju divorce attorney argued that the adulterous partner, a third party, had infringed upon the client's marital community and brought it to the brink of breakdown.

The client who came to a Jeonju divorce attorney decided to proceed with a damages lawsuit against the adulterous partner.

With the assistance of a Daeryun Jeonju divorce attorney, the client was able to receive payment of consolation money in the damages lawsuit.

If you have concerns similar to those of the above client, you are welcome to request assistance from a Jeonju divorce attorney at Daeryun.