KRW 30 million adultery claim cut to KRW 5 million

Background

Our client was sued by the spouse of a married person with whom our client had a relationship, for about KRW 30 million in damages.

The issue

With the relationship itself established, the key question was the amount. In particular, it mattered whether the claimant had also done something during the same period that affected the marriage.

Our approach

The judgment does not separately summarize our client's arguments. Our client did, however, contest the amount claimed, and the court, relying on a judgment in a separate case, took into account that the claimant had also had an affair with someone else during the same period.

The court's reasoning

The court found that our client had a relationship with the claimant's spouse while knowing the spouse was married. In setting the amount, however, it considered the length of the marriage, the extent and duration of the relationship, its effect on the marriage, and the claimant's own conduct.

Outcome

Only KRW 5 million was awarded; the rest of the claim was dismissed. Each side was ordered to bear its own litigation costs.

What this case means

Even when liability is found in an adultery claim, the amount of damages can vary widely depending on the overall circumstances of the marriage.

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.