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Changwon Divorce Consultation Favorable Judgment | A Client Who Received a Changwon Divorce Consultation Succeeds in Having the Plaintiff's Claim for Damages for Emotional Distress Dismissed

The client who received a Changwon divorce consultation was sued for damages for emotional distress for an affair by the husband of a woman with whom the client had exchanged messages. With the help of the Daeryun Changwon office, the claim was dismissed.

1. The Client Who Sought a Changwon Divorce Consultation

The client who visited the Daeryun Changwon office to receive a divorce consultation had been served with a claim for damages for emotional distress by the husband of a woman whom the client had met at a small group gathering, on suspicion of an affair, but the client maintained that there had been no affair and expressed a sense of injustice.

The Client's Account as Heard During the Changwon Divorce Consultation

Changwon divorce consultation - damages for emotional distress for an affair
Click the image above to view information about lawsuits against an adulterous partner.

The client had met A, an acquaintance from a neighborhood small group gathering, once before in the past.

Glad to be reunited, they had a meal, and the client says that this was when he learned that A was a married woman.

For this reason, the client ignored further contact in order to avoid any more private meetings; however, A is said to have actively requested to meet with the client.

The client even asked A, “You are a married woman, so please do not contact me from now on.”

In other words, the two had not engaged in any affair.

However, the plaintiff misunderstood their relationship as an affair and filed a lawsuit, claiming that “the client engaged in an affair while knowing that A had a spouse, the marriage broke down as a result, and the client is therefore obligated to pay the plaintiff damages for emotional distress for his emotional suffering.”

The client requested, through the Changwon divorce consultation, that his sense of injustice be resolved.

Related Information Provided in the Changwon Divorce Consultation

🔗Lawsuit Against the Spouse's Affair Partner, where one is in the position of the defendant, makes it important whether the affair partner ends up divorcing. It is important to determine whether the spouse of the affair partner is filing the lawsuit based on fact, and to rebut accordingly.

In a lawsuit for damages for emotional distress arising from an affair, the likelihood of damages for emotional distress being awarded increases if the following conditions are met.

(1) The existence of the affair and objective evidence : CCTV footage of entering and leaving an accommodation establishment, records of travel with the affair partner, conversation records, and the like

(2) Whether the marriage broke down : where the other party's marriage broke down as a result of the affair

(However, where the marriage had in effect already broken down before the affair, the damages for emotional distress may be reduced.)

(3) Intent : where the affair was committed with knowledge that the other party was married

In principle, an act by a third party that, by engaging in an affair with one spouse, infringes upon or interferes with the maintenance of the marital community and infringes upon the other spouse's rights as a spouse, thereby causing the other spouse emotional suffering, constitutes a tort. Because this premises the claim on the third party's act constituting a “tort,” the plaintiff asserting the tort must allege and prove whether one spouse and the third party engaged in an affair and whether the marriage broke down as a result of that affair.

- Supreme Court, Judgment of November 20, 2014, 2011Meu2997, etc.

2. Assistance for the Client of the Changwon Divorce Consultation

In order to assist the client who received the Changwon divorce consultation, it was necessary to deny the client's affair on the basis of the consultation.

Daeryun made the following arguments to the court.

The Fact That the Client Asked A Not to Contact Him

After learning that A was a married woman, the client asked her, “Please do not contact me like this.”

Accordingly, the attorney argued that the client had never taken part in an affair and had, on the contrary, actively rejected A's contact.

The Fact That There Is No Evidence of an Ongoing Affair

The plaintiff argues that, on the basis that A is currently away from home, the two are continuing an affair.

However, the attorney argued that this amounts to no more than speculation that cannot prove that the two are currently continuing an affair, and that it cannot constitute objective evidence.

There Is a Separate Reason for the Breakdown of the Marriage Between the Plaintiff and A

The plaintiff and A had continued to experience conflict from the early days of their marriage, which led A to leave home frequently, and the two are ultimately undergoing judicial divorce proceedings.

Accordingly, the attorney argued that the marriage between the plaintiff and A had already broken down before the plaintiff began to suspect an affair between A and the client.

3. Changwon Divorce Consultation: Helping the Client Succeed in Having the Claim for Damages for Emotional Distress Dismissed

The client, who pursued the damages for emotional distress lawsuit through the Changwon divorce consultation, succeeded in having the plaintiff's claim dismissed by proving that there had been no affair.

Daeryun's Response in Lawsuits Defending Against Damages for Emotional Distress for an Affair

Daeryun has handled numerous cases defending against damages for emotional distress for an affair, and through this it prepares a response for the client.

In defending against damages for emotional distress for an affair, it is advantageous to prove, through a consultation with an attorney specializing in this field, that one is not at fault.

If you are experiencing difficulties in this regard, please consider seeking a 🔗Changwon divorce consultation.

창원이혼상담 승소 | 창원이혼상담 받은 의뢰인, 원고의 위자료 청구 기각에 성공

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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