KRW 30 million adultery claim reduced to KRW 20 million

Background

Our client was sued for about KRW 30 million by the spouse of a married person, over a romantic relationship of about three years.

The issue

The question was less about liability than about what amount of compensation was appropriate.

Our approach

The judgment does not set out our client's specific arguments, but our client did contest the amount claimed.

The court's reasoning

The court found that continuing a relationship with someone known to be married was a tort. It set the amount in light of the nature, circumstances, extent and duration of the relationship, the length of the claimant's marriage, and the effect on the marriage.

Outcome

Damages were set at KRW 20 million plus late-payment interest, and the rest of the claim was dismissed. The claimant was ordered to bear one-third of the litigation costs.

What this case means

In adultery claims, too, the court sets the amount by weighing all the circumstances; the amount claimed is not simply granted.

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.