Chuncheon Divorce Law Firm | Case in Which the Plaintiff's Claim Was Dismissed in Its Entirety in a Lawsuit for Damages for Emotional Distress Against the Adulterous Partner (Female)

The Chuncheon divorce law firm conducted a thorough consultation with the client.

The client, 3 years after divorcing her husband, met a man through an acquaintance's introduction.

After meeting that man several times and conversing with him, his character seemed decent, so she began a relationship with him.

Then, she received a phone call from a woman who said that she was that man's wife.

Only then realizing that the man was married, the client promised the wife that she would never meet him again.

However, the man continued to contact the client, and even came to her in person and told her, “I am going to divorce my wife. I will divorce her and live with you.”

Believing these words, the client began a relationship with the man again.

As a result, she was in a situation where she had been sued for damages by that man's wife in a lawsuit against the adulterous partner (female).

The client appealed her sense of injustice and repeatedly asked Daeryun to reduce the damages for emotional distress as much as possible.

🔗A lawsuit against the adulterous partner (female) may be conducted together with divorce litigation, or a civil suit alone may be conducted independently.

When conducting a civil suit, the important criteria for calculating the amount of damages for emotional distress claimed are as follows.

✔ The period of the relationship

✔ The degree of the adulterous conduct

✔ The duration of the spouse's marriage

✔ The degree of breakdown of the marriage

✔ Whether there are children

If it is proven that the marital relationship broke down due to the adulterous conduct between the adulterous partner (female) and the spouse, and that this caused considerable mental harm, the amount of damages for emotional distress claimed can become considerably higher.

If you have become the defendant in a lawsuit against the adulterous partner (female), you can defend against the suit by arguing the following points.

① That one's conduct was not unlawful (there was no improper relationship between the two persons)

② That there was no intent (one did not know that the other party was married)

③ That no harm arose or its degree was not serious (the marital relationship had already broken down before the two began their relationship)

The client's actual relationship with the man lasted only three months. Moreover, this period is the total of the period of the relationship before the client received the plaintiff's call and the period during which she had a relationship in reliance on the man's words after he continuously contacted her saying that he would divorce. Taking this into account, we argued that the unlawfulness of the client's adulterous conduct was very low.

When the client first met the man, the man claimed that he was single, and so the client began a relationship with him. In addition, after they broke up, the man said that he would divorce, and the client, believing this, resumed a relationship with the man. In other words, we argued that the cause of the client's tort all began with the man's lies.

We argued that the client is deeply remorseful for having begun a relationship after being deceived by the man and for having resumed the relationship even after promising the plaintiff that she would never meet him again, and that she also deeply apologizes for having caused the plaintiff mental distress.