[Incheon Family Law Attorney Defendant Assistance Case] Successfully Reduced Lawsuit Against the Spouse's Affair Partner from 30 Million Won to 10 Million Won

2024.08.22김국일

The client who came to the Incheon family law attorney was the defendant in this lawsuit against the spouse's affair partner.

1. Request for Assistance from the Incheon Family Law Attorney in a Lawsuit Against the Spouse's Affair Partner

This is the account of a client who requested assistance from the Incheon family law attorney in a lawsuit against the spouse's affair partner. The client was the defendant in this case and had been in an affair with the plaintiff's spouse.

The client had interfered with the plaintiff's marital life and was therefore sued by the plaintiff as the affair partner.

The plaintiff was demanding 30 million won in consolation money. The client, however, felt the claim was unfair and wished to obtain the greatest possible reduction.

Seeking a reduction, the client requested assistance from the Daeryun Incheon family law attorney.

Incheon Family Law Attorney Promises to Obtain a Reduction for the Affair Partner Defendant

The Incheon family law attorney sought to hear in detail the account of the client, who was the affair partner. The account the client shared with the Incheon family law attorney was as follows.

The client was aware that the plaintiff's spouse was married. The client, however, had continually rejected the advances of the plaintiff's spouse.

After receiving persistent requests to meet, the client eventually met with the plaintiff's spouse, and this led to a sexual relationship.

When the plaintiff learned of this, the client was sued as the affair partner.

Upon receiving the complaint, the client wished to reduce the plaintiff's claimed amount as much as possible.

2. Incheon Family Law Attorney: "The Period of the Infidelity Was Not Long"

Through close consultation with the client, the Daeryun Incheon family law attorney assembled a dedicated team of attorneys with extensive experience in affair partner cases.

The Daeryun Incheon family law attorney team emphasized that the defendant's period of infidelity with the third party was short and that she had rejected the meetings several times, and argued for a reduction.

■ The defendant rejected the third party's advances several times.

■ The relationship between the plaintiff and the third party had been poor even before the meetings with the defendant.

■ The defendant had a sexual relationship with the third party, but it was only a single occurrence.

■ The defendant acknowledged the infidelity and was remorseful.

Understanding Damages Against the Affair Partner with the Incheon Family Law Attorney

Let us review the damages lawsuit against the affair partner together with the Incheon family law attorney.

In a lawsuit against the affair partner, the extinctive prescription and the conditions for claiming consolation money, among other factors, must be examined carefully.

This is because a lawsuit cannot be filed once the extinctive prescription has run, and the conditions for claiming consolation money also differ from case to case.

Civil Act, Article 766 (Extinctive Prescription of Right to Claim Damages) (1) A right to claim damages caused by an unlawful act is extinguished by prescription if not exercised within three years from the date on which the injured party or his/her legal representative becomes aware of the damage and of the wrongdoer.

(2) The same shall apply where ten years have elapsed from the date on which the unlawful act was committed.

Accordingly, the lawsuit must be filed within three years from the date the infidelity became known, and if that time has not elapsed, a lawsuit against the affair partner is possible.

In a lawsuit against the affair partner, however, a tort claim for damages arising from the infidelity is recognized when the affair partner met the other person while knowing that he or she was married.

If the affair partner met the other person without knowing that he or she was married, a tort claim for damages against the affair partner is difficult to recognize.

1. Where the affair partner could not have known of my spouse's marital status

2. Where the marital relationship had in fact ended before the act of infidelity

In addition, the consolation money that may be claimed against the affair partner varies depending on the duration of the relationship, whether there was a sexual relationship, whether there was a divorce, and whether there were children.

3. Court Accepts the Incheon Family Law Attorney's Argument and Decides on a Reduction

The court accepted the argument of the Daeryun Incheon family law attorney and ruled that “the defendant shall pay the plaintiff 10 million won, together with interest calculated at the rate of 5% per year until the designated date and 12% per year from the following day until full payment.”

Daeryun Law Firm organizes teams composed of numerous legal professionals to maximize expertise. In particular, depending on the scale of the case, 3 to 20 specialists in each field assist with the client's case.

If you become involved in a lawsuit against an affair partner, like the client in the case above, you may seek the assistance of the Daeryun Divorce Litigation Group's divorce specialized team.

[인천가사전문변호사 피고 조력사례] 상간자소송 3,000만원에서 1,000만 원으로 감액 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.
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