Lawsuit Against the Spouse's Affair Partner | A Supreme Court Decision Holding That Consolation Money May Be Claimed From the Affair Partner Even After a Settlement With the Spouse

This is a case in which the issue was whether, in a lawsuit against the spouse's affair partner, liability could be apportioned between the spouse who caused the breakdown of the marriage and the affair partner.

The Defendant engaged in an affair with A, the Plaintiff's spouse.

As the household broke down as a result, the Plaintiff not only sought a divorce against A but also, jointly against A and the Defendant, claimed consolation money of 50 million won for the breakdown of the marriage, together with delay damages thereon.

During the first-instance proceedings, however, a decision recommending settlement was issued between the Plaintiff and A, and the Plaintiff agreed to divorce A and to receive consolation money of 20 million won together with delay damages.

The Plaintiff therefore amended the purport of the claim so as to seek the remaining 20 million won and delay damages from the Defendant, the affair partner.

In other words, the Plaintiff's basic position was that the consolation money paid by the spouse amounted only to partial performance, so the affair partner would be held liable for the remaining portion.

The lower court accepted the Plaintiff's argument.

The court held that the Defendant and A, as joint tortfeasors, bore a quasi-joint and several obligation to compensate consolation money of 40 million won in the first place.

Because A had already paid the Plaintiff 20 million won, the Defendant's obligation was extinguished to that same extent.

Accordingly, the court found that the Defendant was liable to pay the Plaintiff the remaining 20 million won and delay damages thereon.

▶Article 760 of the Civil Act (Liability of Joint Tortfeasors)

In this lawsuit against the spouse's affair partner, the Supreme Court dismissed the affair partner's final appeal and affirmed the lower judgment.

▶Key Points of the Supreme Court's Determination

Drawing on this precedent, Daeryun Law Firm LLP offers the following strategies in lawsuits against the spouse's affair partner.

① Clarifying the Facts

② Applying the Doctrine of Joint Tort

③ Securing a Basis for Calculating Consolation Money

④ Defense Strategy

Lawsuits against the spouse's affair partner involve complex legal doctrines, including the principle of party disposition, joint tort, and the scope of damages.

At Daeryun Law Firm LLP, attorneys experienced in divorce matters and civil matters collaborate and, through the Digital Forensics Center, analyze evidence precisely in order to maximize the rights and interests of clients.

This precedent reaffirms that, in a lawsuit against the spouse's affair partner, a claim against the affair partner remains separately possible even where the victim has settled with the spouse.

The victim can broaden the scope of relief for their rights, and the affair partner should clearly understand the scope of their legal liability.

If you need related assistance, you are welcome to arrange a 🔗legal consultation reservation with Daeryun Law Firm LLP.