[Case of Assistance by a Busan Attorney in a Lawsuit against the Adulterous Partner] A Client Who Achieved a Reduction in Consolation Money with the Assistance of a Busan Attorney in a Lawsuit against the Adulterous Partner

The client who requested assistance from the Busan attorney for the lawsuit against the adulterous partner had committed an affair with a married coworker.

As a result, the client faced a lawsuit against the adulterous partner brought by the plaintiff, the wife of the coworker, and was in a situation requiring payment of a large amount of consolation money.

The client, however, argued that she had continued the relationship without knowing that the man was married, and that she had immediately ended the relationship once she learned of it, and she felt the consolation money sought was excessive and unfair.

The client therefore requested assistance from the Busan attorney handling lawsuits against the adulterous partner at Daeryun Law Firm in order to reduce the consolation money.

Lawsuit against the Spouse's Affair Partner

Where a third party is responsible for the breakdown of a marriage

This may refer to cases where a parent-in-law, a concubine, a spouse's adultery partner, or another third party unjustly interferes with the marital relationship and brings the marriage to breakdown, or where one spouse is subjected to assault, abuse, or insult by a parent-in-law to such an extent that requiring continuation of the marital life would be cruel.

- Supreme Court Judgment of February 27, 2004, Case No. 2003Meu1890, and others

Points to Note in a Consolation Money Lawsuit against the Affair Partner

Where marital cohabitation has broken down due to discord and a prolonged separation, so that the substance of the marital 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 that third party engaged in an affair with one spouse thereafter.

- Supreme Court Judgment of February 27, 2004, Case No. 2003Meu1890, and others

※ Consolation money may be claimed against an affair partner who is responsible for the breakdown of the marriage; however,

the following circumstances fall outside its scope.

1. Where the affair partner could not have known that my spouse was married

2. Where the de facto marital relationship had already ended before the affair

The Busan attorney for the lawsuit against the adulterous partner submitted recordings of telephone calls and messenger conversations between the defendant and the non-party as evidence, arguing that there had been no physical relationship.

The attorney argued that the defendant was sincerely remorseful and regretful toward the plaintiff for having entered into an inappropriate relationship with the non-party, and that the defendant had resolved never to let such a thing happen again.

The period during which the defendant and the non-party continued their relationship was about one month, which constitutes a short period.

The attorney argued that the relationship had not developed into a deep one, and that the plaintiff's claim that the two had exchanged couple rings was not true.

The case above was that of a client who, while facing a lawsuit against the adulterous partner and a requirement to pay a large amount of consolation money, succeeded in reducing the consolation money with the assistance of the Busan attorney for the lawsuit against the adulterous partner.

The main reason the reduction could be achieved was the emphasis on the fact that the client had not known of the marital relationship.

As this shows, if you face a lawsuit against the spouse's affair partner, the assistance of an experienced attorney can be important.

Daeryun Law Firm handles numerous damages cases and, drawing on its accumulated experience, works to guide clients' cases in a favorable direction.

If you need assistance with a lawsuit against the spouse's affair partner, as in the case above, please entrust your case to the Busan attorney for the lawsuit against the adulterous partner at Daeryun Law Firm.