Uijeongbu Divorce Attorney Assistance | With a Daeryun Divorce Attorney's Assistance, Successfully Defending Against 50 Million Won in Consolation Money

The client who sought a Uijeongbu divorce attorney was facing a claim for consolation money from the plaintiff for an affair with the plaintiff's husband, a non-party.

The client met the non-party at a pub in Uijeongbu, and they began seeing each other after the non-party first pursued the client actively.

Even then, the client had no idea that the non-party was a married man.

Two months into the relationship, the client learned that he was married after seeing a message from his ‘wife’ on the non-party's phone.

When the client then announced a breakup, the non-party held the client back, saying that his family had broken down long ago and that he was in the process of preparing for a divorce.

The non-party continued to hold the client back and to contact the client, and in that process the client came to face a lawsuit claiming consolation money for an affair from the plaintiff.

The Uijeongbu divorce attorney emphasized that the client did not know that the non-party was a married man.

In fact, the non-party concealed the fact that he was married right up until the client found out.

The relationship between the two also came about through the non-party's active pursuit.

The Uijeongbu divorce attorney emphasized that the relationship between the two began with the non-party, who approached the client while hiding that he was married.

The plaintiff alleges an affair based on Supreme Court Decision 2013Meu2441, rendered on May 29, 2015.

Supreme Court Decision 2013Meu2441, rendered on May 29, 2015

A married couple is a community joined mentally, physically, and economically, and the spouses bear a comprehensive duty to cooperate with and protect each other so that the marriage is maintained as a marital community, and they have corresponding rights. As part of this duty of cohabitation and of maintaining the marital community, the spouses bear a sexual duty of fidelity not to engage in an affair. If one spouse engages in an affair, that spouse bears a duty to compensate, by way of tort, for the mental suffering caused to the other spouse

Accordingly, the Uijeongbu divorce attorney also argued, based on the decision, that there was no evidence of conduct contrary to the sexual duty of fidelity.

Decision 2021Deudan50707

Although a vehicle was parked at a lodging establishment and photographs were taken of the two drinking tea together at a cafe with a hand on a face, the evidence of an affair was insufficient, and the plaintiff's claim is rejected on that ground

The Uijeongbu divorce attorney argued that, while the client acknowledged having conversations and phone calls with the non-party, that is insufficient to establish the fact of an affair, and there is no evidence.

The Uijeongbu divorce attorney argued that the marital life of the plaintiff and the non-party had already reached a state of irretrievable breakdown.

In fact, two years earlier the plaintiff had filed an embezzlement lawsuit against the non-party, her husband, maintaining a relationship that an ordinary couple could not display.

Based on the decision below, the Uijeongbu divorce attorney argued that the client had not infringed upon the marital community of the non-party and the plaintiff.

Supreme Court Decision 2011Meu2997

If a married couple has not yet divorced but the marital community has in substance broken down to an irretrievable extent, even if a third party engages in sexual conduct with one of the spouses, this cannot be regarded as infringing upon the marital community or interfering with its maintenance

If, like the client above, you have been unfairly named as a defendant in a lawsuit against the adulterous partner, you should explore ways to have the plaintiff's claim dismissed.

Once litigation is under way, the best approach is to work with a divorce attorney to develop a defense strategy and increase the rate of reduction in the consolation money.

At Daeryun Law Firm, an attorney takes part from the consultation stage and provides prompt and efficient options.

If you are caught up in a situation like the one above and need the help of an attorney, please reach out to the Daeryun Law Firm Uijeongbu divorce attorneys.