[English Translations for Global Clients – Success Case]

1. Case Overview

The plaintiff and the plaintiff’s spouse were legally married. The client (defendant), despite knowing that the spouse was already married, engaged in an affair involving travel and sexual relations with the spouse.

As a result, the plaintiff filed a civil lawsuit for damages, claiming mental distress caused by the defendant’s unlawful conduct and demanding compensation for emotional suffering.

2. Taelim’s Assistance

Taelim Law Firm’s attorneys focused on developing a defense strategy aimed at reducing the damages claim to a reasonable amount.

They emphasized that the defendant was not solely responsible for the breakdown of the marriage, demonstrating that the spouse’s participation and responsibility were significant contributing factors.

To assist the court in reaching a balanced judgment, the defense presented mitigating circumstances such as:

the length of the marriage and the age of the children,

the context and motive behind the affair,

the duration and extent of the relationship, and

the defendant’s attitude after the affair was discovered.

By meticulously organizing these factors, the defense persuaded the court that an excessive damages award would be unjust.

3. Case Outcome

The court acknowledged the affair as an unlawful act but, after considering all relevant circumstances, set the compensation amount at 18,000,000 KRW.

This amount was significantly lower than the plaintiff’s original demand, reflecting the defense’s success in securing a reasonable adjustment of the damages.

4. Significance of the Judgment

This case highlights the importance of defense strategy in infidelity-related civil lawsuits, particularly in reducing disproportionate damages claims.

The court recognized that while the defendant’s conduct constituted wrongdoing, the degree of marital breakdown, economic capacity, and circumstances of the affair must all be weighed in determining fair compensation.

Furthermore, following this ruling, Taelim Law Firm pursued a separate indemnity claim against the plaintiff’s spouse, reinforcing the principle that liability for an affair may be shared.

Ultimately, the case demonstrates that in adultery and emotional damages suits, the defense’s ability to logically prove mitigating factors — such as the mutual responsibility of the involved parties — can decisively influence the final judgment.

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If you’re facing a similar situation,

don’t hesitate to reach out to Taelim Law Firm for legal assistance.