KRW 40 million adultery claim reduced to KRW 10 million

Background

Our client was sued for KRW 40 million by the spouse of a married person, over an affair of about two months. Before this lawsuit, the claimant and the spouse had already settled their divorce through mediation.

The issue

How much compensation was appropriate, and whether the money the spouse agreed to pay in the divorce mediation affected our client's liability.

Our approach

Our client argued that, because the spouse had agreed in the divorce mediation to pay money and transfer property, the claim had been extinguished by payment from the spouse, who was a joint tortfeasor.

The court's reasoning

The court did not accept this, finding that the mediation terms and later money transfers did not clearly show that the spouse had paid damages for emotional distress. It instead set the amount in light of the length of the marriage, the family situation, the circumstances, duration, nature and extent of the affair, and its effect on the marriage.

Outcome

Only KRW 10 million plus late-payment interest was awarded; the remaining KRW 30 million was dismissed. Litigation costs were split equally.

What this case means

Damages in adultery cases vary widely with the duration and circumstances of the relationship. Even when a payment defense fails, the specific facts are reflected when the amount is set.

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.