[Successful Case of a Gwangju Dong-gu Divorce Attorney] Successful Claim for Three Million Won in Consolation Money by a Gwangju Dong-gu Divorce Attorney

The client, who came to the Gwangju Dong-gu divorce attorney, grew suspicious because the spouse always carried a mobile phone in hand even when going to the bathroom and took calls outside the house.

The client therefore looked at the spouse's mobile phone while the spouse was asleep.

The call log and KakaoTalk conversation history on the spouse's mobile phone were full of evidence of acts of infidelity with the female adulterous partner.

Feeling an indescribably profound sense of betrayal, the client came to the Gwangju Dong-gu divorce attorney in order to file a damages lawsuit against the female adulterous partner.

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

① The right to claim damages for a tort is extinguished by prescription if it is not exercised within three years from the date on which the victim or the victim's legal representative becomes aware of the damage and of the perpetrator.

② The same shall apply once ten years have passed from the date on which the tort was committed.

■ Matters to Note in a Consolation Money Lawsuit Against an Affair Partner

Once a marital community has broken down through discord and a prolonged separation, so that the substance of the marital life no longer exists and the situation has reached a point that cannot objectively be restored, even if a third party has an affair with one of the spouses, the other spouse cannot claim damages from the third party.

■ Consolation money may be claimed from an affair partner who is responsible for the breakdown of the marriage, but the following circumstances fall outside that scope.

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

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

■ The Gwangju Dong-gu divorce attorney emphasized that even conduct falling short of adultery, namely any unfaithful act inconsistent with the spousal duty of fidelity, can give rise to liability for damages on the part of a third party who engaged in the unfaithful conduct with one spouse.

■ The Gwangju Dong-gu divorce attorney emphasized that the defendant had exchanged messages with the client's spouse over a long period and had engaged in conduct such as sending photographs of herself wearing only undergarments.

■ The Gwangju Dong-gu divorce attorney emphasized that it was clear the client had suffered considerable mental anguish as a result of the defendant's unlawful act.

■ The Gwangju Dong-gu divorce attorney emphasized that a third party's act of infringing upon the marital community, interfering with its maintenance, and violating the rights belonging to a spouse constitutes an unlawful act.

The court accepted the Gwangju Dong-gu divorce attorney's arguments and ‘The defendant shall pay the plaintiff 30,000,000 won. The costs of the suit shall be borne by the defendant.’ so held in its judgment.

Working together with the Gwangju Dong-gu divorce attorney, the client was able to succeed in claiming consolation money from the adulterous partner.

The case above involved a client who succeeded in claiming 30 million won in consolation money from the adulterous partner who had engaged in unfaithful conduct with the client's spouse.

As in the case above, clear evidence is generally required to succeed in a claim for consolation money, so proceeding with the assistance of an attorney experienced in this area may be advantageous.

Please consider a Gwangju Dong-gu divorce attorney with extensive experience handling cases and a record of resolved matters.

We will provide active assistance with your case and move forward together with you.