Ulsan Divorce Attorney Favorable Judgment | Successful Claim for 70 Million Won in Damages for Emotional Distress Against the Defendants

The Ulsan divorce attorney was sought out by a client who consulted with the Ulsan office divorce attorney in order to claim damages for emotional distress against the defendants.

■ Civil Act Article 766 (Extinctive Prescription of Claim for Damages)

(1) A claim for 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 damage and of the person who caused it.

(2) The same applies when ten years have elapsed from the date on which the tort was committed.

■ Points to Note in a Damages for Emotional Distress Lawsuit Against an Adulterous Partner

Where the marital community has broken down due to discord and a prolonged separation between the spouses, so that the substance of married life no longer exists and has reached a state that cannot objectively be restored, the other spouse cannot claim damages against a third party, even if the third party has had an affair with one of the spouses.

■ Damages for emotional distress may be claimed against an adulterous partner responsible for the breakdown of the marriage; however, the partner is not subject to such a claim where the following conditions apply

1. Where the adulterous partner could not have known of my spouse's marriage

2. Where the marital relationship had in effect already ended before the adulterous act

The Ulsan divorce attorney analyzed the case through close consultation with the client, and prepared a step-by-step response suited to it.

The attorney argued the following points, asserting that the defendants had an obligation to pay damages for emotional distress.

■ That the defendant engaged in unilateral and repeated infidelity without making any effort to restore the marital relationship

■ That, as the defendant neglected the family, the children are unable to lead a normal life

■ That, due to the act of infidelity by the spouse and the adulterous partner, the client is currently suffering from severe depression

■ That, far from showing remorse, the wife threatened the client by pointing a knife at him

The Ulsan divorce attorney's arguments were accepted by the court, which ruled, ‘The defendants shall pay the plaintiff damages for emotional distress of 50 million won and 20 million won, respectively.’