Deals & Cases

Damages (general/other)
Damages (general/other)Favorable judgment

Incheon Damages Attorney | Lawsuit for Return of the Down Payment, Claim for Damages Against the Affair Partner Granted in Full

The client who sought out the Incheon damages attorney requested the assistance of the damages attorney at the Incheon office in order to file a lawsuit for return of the down payment against the defendant, who had engaged in an affair with the client's husband.

1. The Client Who Sought Out the Incheon Damages Attorney

Incheon Damages Attorney

The client who sought out the Incheon damages attorney visited the damages attorney at the Incheon office and requested a consultation in order to file a lawsuit for return of the down payment against the defendant, who had continued to engage in an affair with the client's husband while knowing that he had a spouse.

How the Client Came to Seek Out the Incheon Damages Attorney

The client in this case had been enjoying a happy marriage with her husband.

One day, however, her husband began working late more frequently and became difficult to reach when he was out.

The client tried to trust her husband, but she gradually began to grow suspicious.

She then checked the dashcam footage from her husband's car and learned that the affair partner and her husband had been meeting continuously.

The defendant had engaged in the affair while knowing that her husband had a spouse and children.

She decided to file a 🔗damages lawsuit against the defendant, who had brought about the breakdown of a peaceful marriage and infringed her rights as a spouse.

Seeking to respond thoroughly to the damages lawsuit with the assistance of a specialized attorney and to successfully claim damages, she requested the help of the Incheon damages attorney.

2. Statutes Relevant to the Case as Explained by the Incheon Damages Attorney

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

(1) The right to claim damages arising from a tort is extinguished by prescription if it is not exercised within 3 years from the date on which the injured party or his/her legal representative became aware of the damage and of the person who caused it.
(2) The same applies where 10 years have elapsed from the date on which the tort was committed.

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

Where, due to discord and a prolonged separation, the marital community of a couple has broken down so that the substance of the marriage no longer exists and the situation has reached a point that is objectively irrecoverable, the other spouse cannot claim damages against a third party even if that third party has engaged in an affair with one of the spouses.

Damages for Emotional Distress may be claimed against an affair partner who is responsible for the breakdown of the marriage; however, this does not apply where the following conditions are met

1. Where the affair partner could not have known that my spouse was married
2. Where the marital relationship had in fact ended before the affair took place

3. The Incheon Damages Attorney's Assistance

In order to prove that the defendant bore liability for damages, the Incheon damages attorney gathered all of the favorable evidence and made the following arguments.

Incheon Damages Attorney Argues That the Client Was Suffering Emotional Distress

The client felt deeply betrayed upon learning that her trusted husband and the defendant had been continuously engaged in an affair.

The defendant showed a defiant attitude without any sign of remorse toward the client.

This caused the client even greater emotional distress.

Accordingly, the attorney emphasized that the defendant had an obligation to pay damages to the client.

Incheon Damages Attorney Argues That the Client Was Threatened by the Defendant

In addition to maintaining a defiant attitude about the affair, the defendant went so far as to threaten the client.

The defendant made threatening remarks such as saying that she would ‘stab and kill’ the client if she did not divorce, creating a sense of fear in the client.

The attorney emphasized that, because of the defendant's conduct, both the client and her children had suffered irrecoverable emotional wounds.

Incheon Damages Attorney Argues That the Defendant Has an Obligation to Pay Damages for Emotional Distress

The defendant intervened between the client and her husband and infringed upon their marital community.

Conduct that infringes the rights of a spouse and inflicts emotional distress upon that spouse constitutes, as a matter of principle, a tort.

The attorney emphasized that the defendant, who had committed an act of infidelity while knowing that the husband had a spouse, bore the liability to compensate for the damage.

4. The Court's Decision on the Incheon Damages Attorney's Arguments

Accepting the arguments of the Incheon damages attorney, the court issued a decision granting the damages for emotional distress in full in the damages lawsuit against the affair partner.

If You Need the Help of the Incheon Damages Attorney

This case was an instance in which the client, with the assistance of the Incheon damages attorney, obtained a decision granting the damages for emotional distress in full.

To prevail in a damages lawsuit, more solid evidence is required, so it is advantageous to obtain the help of a specialized attorney.

If you require the assistance of a specialized attorney as in the case above, please reach out to Daeryun Law Firm, which provides consultation and prompt response throughout the year.

인천손해배상변호사 | 계약금반환소송, 상간자 손해배상 청구 전액 인용

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.

Damages (general/other): Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney ChanWoo JEONG

ChanWoo JEONG

T. 070-5221-2387

civil lawyer

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Busan Defamation Attorney's Assistance | Client Charged With Defamation Receives ‘Acquittal’ With Daeryun's Assistance

Next

Haeundae Attorney | Defending a Client Accused of Violation of the Copyright Act and Obtaining “No Suspicion of Crime”

View list
Quick Menu

Chat