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Reimbursement (indemnity) claim
Reimbursement (indemnity) claimWinning the case (favorable judgment)

Busan Attorney Consultation Successful Case | Successfully Recovering Half of the Consolation Money Through a Reimbursement Claim Lawsuit After a Busan Attorney Consultation

The client who received Daeryun's assistance through a Busan attorney consultation brought a reimbursement claim lawsuit against the deceased's spouse in connection with a lawsuit against the spouse's affair partner, and was able to recover half of the consolation money.

1. The Client Who Came for a Busan Attorney Consultation

The client who came to Daeryun for a Busan attorney consultation had continued a relationship with a married coworker, was subjected to a damages lawsuit against the spouse's affair partner by the coworker's spouse, and received a judgment ordering payment of forty million won in consolation money.

However, the other party then died, and the client wished to bring a reimbursement claim against the spouse, who was the heir, in order to argue that the other party's fault in their relationship was substantial.

The Account of the Client Who Came for a Busan Attorney Consultation

Through a Busan attorney consultation, we listened to the client's account in detail.

The client came to know the coworker after the coworker's persistent courtship.

Although the client tried to keep a distance upon learning that the coworker was married, the coworker continued to say that he would soon divorce his spouse and visited the client frequently, and the client eventually opened up and began a relationship.

However, upon learning of this, the spouse brought a damages lawsuit against the spouse's affair partner, and during the litigation the other party, who had long suffered from an illness, ultimately died from severe stress.

A judgment was rendered ordering payment of forty million won in consolation money, and the client wished to bring a reimbursement claim lawsuit against the spouse, the heir of the deceased, with respect to the consolation money thus claimed.

The client then requested assistance from Daeryun in this regard.

Statutes Relevant to the Reimbursement Claim, as Explained Through a Busan Attorney Consultation

As with the above client, where an affair partner engages in marital infidelity with one of the spouses and thereby infringes upon or interferes with the maintenance of the marital community that constitutes the essence of marriage, and infringes upon the responsibilities and rights of the spouse, thereby causing emotional distress to the remaining spouse, such conduct is, in principle, regarded as a tort.

For this reason, consolation money is often obtained through a damages lawsuit against the affair partner.

If a person is subjected to a lawsuit against the spouse's affair partner, after paying consolation money to the plaintiff, that person may bring a reimbursement claim against the other party who engaged in the infidelity (the plaintiff's spouse), seeking payment on his or her behalf of a portion of the consolation money paid.

In addition, the tort liability jointly borne by a third party and one of the spouses constitutes joint tort liability and may be regarded as a quasi-joint and several obligation.

A quasi-joint and several obligation means that, with respect to the victim, each joint tortfeasor is liable for the entire amount of the damages, and the parties later settle internally according to their respective proportions of liability.

In the case of damages for a joint tort, a separate proportion of liability is established among the joint tortfeasors according to their respective degrees of fault.

If one of the joint tortfeasors, the affair partner, has paid damages exceeding his or her own share, that person may exercise a reimbursement claim against the other party who jointly committed the tort with respect to the excess portion.

2. The Process of Assisting the Client Who Received a Busan Attorney Consultation

Having clearly understood the client's situation through the Busan attorney consultation, Daeryun, in order to establish an appropriate strategy, formed a team of attorneys with extensive experience in reimbursement claim litigation.

In a reimbursement claim lawsuit involving a quasi-joint and several obligation, it is most important to establish a solid basis for arguments regarding the respective proportions of fault of the party and the other party.

Daeryun assisted the client in presenting evidence, such as messenger records, in order to argue that the degree of the deceased's infidelity was substantial.

Busan Attorney Consultation: The Infidelity Between the Plaintiff and the Deceased Was Due to the Deceased's Active Initiative

The client, upon learning that the deceased was married, tried to maintain a distance, including by using formal speech, but the deceased continuously proposed meals together and dates.

Furthermore, considering that the deceased had persuaded the client to enter into a relationship by saying that he would soon divorce his spouse, it was argued that the deceased bore substantial responsibility for how the infidelity began.

Busan Attorney Consultation: The Defendant Is Making False Claims Appealing Only to Emotion

The defendant, the deceased's spouse, is actively arguing that the client was the cause of the deceased's death and that the reimbursement claim is not justified.

However, the client, when the deceased collapsed, transported him to the emergency room as quickly as possible and immediately took first-aid measures.

By contrast, citing the points that the defendant had a very poor relationship with the deceased over a long period, and that the deceased had frequently mentioned a domestic discord incident in which the defendant even threatened to kill the deceased,

it was emphasized that the assertion that the client was the cause of the deceased's death was nothing more than a forced argument.

3. Successful Reimbursement Claim for Half of the Consolation Money Through a Busan Attorney Consultation

Through the Busan attorney consultation, the client, who brought a reimbursement claim against the spouse, the heir of the deceased, succeeded in recovering half of the consolation money.

A Reimbursement Claim for Damages Against an Affair Partner Involves a Demanding Preparation Process

Because an act of infidelity is recognized as a joint tort by both parties, a reimbursement claim is likewise regarded as one of the legitimate rights.

The right of reimbursement is not recognized unconditionally, and the facts of the case must be examined closely.

In addition, because the parties may have differing assertions in determining the proportions of fault, it is important to present clear evidentiary materials, and for this reason it is important to obtain the assistance of an attorney specializing in this field.


Daeryun provides active assistance through a team of three to twenty experienced attorneys with extensive experience in handling reimbursement claim cases, working to support the client.

If you need assistance, you are welcome to obtain a Busan attorney consultation from Daeryun at any time.

부산변호사상담 승소 사례 | 부산변호사상담을 통해 구상금 청구 소송으로 위자료 절반 돌려받는 데 성공한 의뢰인

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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