Suncheon Attorney Office Assistance | Suncheon Attorney's Assistance Succeeds in Claiming Consolation Money From the Adulterous Partner

The client office had learned of the affair between the spouse and the adulterous partner.

The client had been living in a marriage with the spouse and had a child together.

The client learned that the spouse had engaged in an affair with the adulterous partner whom the spouse had met through a gaming app, and met with the adulterous partner to ask her to 'stop seeing each other.'

However, the adulterous partner continued the affair with the client's spouse.

The client therefore requested assistance from the Suncheon attorney office in order to pursue a damages claim against the spouse's adulterous partner.

※ Statutes relevant to the case, explained by a Suncheon attorney

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

① A 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 injured party or his or her legal representative becomes aware of the loss and the wrongdoer.

② The same applies when 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

Once a marital community has broken down through discord and a prolonged period of separation, so that the substance of married life no longer exists and the situation has reached a point that cannot objectively be restored, the other spouse cannot claim damages from a third party even if that third party has had an affair with one of the spouses.

●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 if the conditions below apply

1. If the affair partner could not have known of the marital status of the claimant's spouse

2. If the marital relationship had in substance already ended before the affair occurred

The client had done everything possible to protect the family and raise the children.

However, the client lost the peace of the household because of the continued infidelity between the adulterous partner and the spouse.

The Suncheon attorney argued that the client was suffering extreme emotional distress that made daily life impossible, and that this should be compensated.

The client met the adulterous partner in person and disclosed that the client and the spouse were married.

The Suncheon attorney argued that the adulterous partner did not stop the infidelity even though she was aware that the client's spouse was married.

Under the law, no third party may infringe on a marital community.

The Suncheon attorney argued that the adulterous partner nonetheless disregarded this and maintained an improper relationship with the client's husband.

The client requested assistance ranging from the initial consultation through the trial proceedings.

With this assistance, the client prevailed in the damages lawsuit against the spouse's adulterous partner and was able to receive consolation money.

In situations such as this, Daeryun Law Firm forms a team of Suncheon attorneys experienced in damages litigation to assist the client.

If you are facing concerns similar to those of the client above, you are welcome to visit Daeryun Law Firm at any time.