Adultery damages claim: half of the KRW 30 million awarded

Background

Our client discovered that a third party, who had met the client's spouse through an online chat, carried on an affair with the spouse while knowing the spouse was married. Our client sued the third party for about KRW 30 million in damages for emotional distress.

The issue

Whether the affair was a tort that infringed our client's marital life, and if so, how much compensation was appropriate.

Our approach

Our client argued that the third party knew the spouse was married, and that the affair caused our client serious emotional distress. We submitted extensive documentary evidence on how and for how long the affair took place.

The court's reasoning

The court found the affair established, either undisputed or proven by the evidence. It held that the third party's conduct obstructed our client's marital life and infringed our client's rights as a spouse, and was therefore a tort. The amount was set in light of the length of the marriage, the family situation, the circumstances, duration and extent of the affair, and its impact on the marriage.

Outcome

The court ordered the third party to pay KRW 15 million plus late-payment interest, half of the amount claimed. Litigation costs were split equally.

What this case means

A third party's liability for an affair is recognized by judgment when it is backed by evidence. The amount of compensation, however, depends on the facts of each case, such as the length of the marriage and the extent of the affair.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.