Court Orders Payment of ₩20 Million in Damages; Remaining ₩10 Million Claim Dismissed

Case Overview

The plaintiff filed a damages claim against the person who had an affair with the plaintiff’s spouse. The plaintiff sought ₩30 million in damages for emotional distress, plus interest for delay. The judgment does not describe in detail the circumstances, timing, or duration of the affair. Accordingly, this review focuses on the facts recognized by the court and the outcome, without adding unverified details about the relationship or the parties’ circumstances.

The court found that the defendant had an affair with the plaintiff’s spouse and that the plaintiff suffered emotional distress as a result. However, a finding of liability does not mean that the full amount claimed is automatically awarded. Considering, among other matters, the degree and duration of the affair as shown during the proceedings, the court set the principal amount of damages at ₩20 million and rejected the remaining ₩10 million of the principal claim.

Issues

• Whether liability for damages arising from the affair was established: The issues included whether the defendant had an affair with the plaintiff’s spouse and whether this caused the plaintiff emotional distress. The court found both the affair and the resulting emotional distress established in this case.
• The appropriate amount of damages: Establishing liability and awarding the full amount claimed are separate questions. The court set the damages amount by considering, among other matters, the degree and duration of the affair shown during the proceedings.
• How much of the claim to allow: The plaintiff sought ₩30 million, but the court recognized ₩20 million in principal. The remaining ₩10 million claim was dismissed.

Counsel’s Representation

Ahn Hyun-hee Law Office represented the plaintiff in this case. The plaintiff asked the court to order the defendant to pay ₩30 million in damages, plus interest for delay. The judgment does not separately set out the plaintiff’s specific arguments or the materials submitted. It would therefore be inappropriate to say that particular evidence was submitted or that specific arguments not mentioned in the judgment were made.

What can be confirmed from the judgment is the relief sought by the plaintiff and the court’s findings on liability and the amount of damages. The court found liability but did not award the full amount claimed. The judgment identifies the degree and duration of the affair, among other matters, as considerations in setting the damages amount. This review does not speculate about the firm’s specific litigation activities or materials that may have affected the outcome beyond what can be confirmed; it distinguishes the court’s reasoning from its operative order.

The Court’s Reasoning

• The affair and emotional harm: The court found that the defendant had an affair with the plaintiff’s spouse and that the plaintiff suffered emotional distress as a result. The court stated in its reasons that it was “reasonable to find” that the plaintiff had suffered emotional distress. Accordingly, the defendant was held liable for damages.
• Amount of damages: Considering, among other matters, the degree and duration of the affair shown during the proceedings, the court set the principal amount of damages at ₩20 million. No circumstances not specifically stated in the judgment can be added as grounds for the decision.
• Remaining claim and litigation costs: Of the ₩30 million in principal claimed, ₩20 million was allowed and the remaining ₩10 million was dismissed. The plaintiff was ordered to bear one-third of the litigation costs and the defendant two-thirds.

Outcome

The court ordered the defendant to pay the plaintiff ₩20 million in damages plus interest for delay. Under the operative order, interest for delay is calculated at 5% per year from the specified starting date through the date the judgment was issued, and at 12% per year from the following day until payment in full. The order also provides for provisional execution of the payment portion.

The remaining ₩10 million of the principal claim was dismissed. Thus, the plaintiff did not recover the full amount sought; the court partially allowed the claim, recognizing liability and part of the amount claimed. The parties were also ordered to share the litigation costs. The provided judgment does not establish whether an appeal was filed or whether the judgment became final, so finality cannot be assumed. The order to pay also does not establish that payment was actually made.

If You Are in a Similar Situation

• Consider liability and the amount of damages separately. In this case, liability for emotional harm arising from the affair was established, but the full amount claimed was not awarded.
• Review the stated grounds and their scope. The judgment says it considered, among other matters, the degree and duration of the affair. It is important not to present unverified circumstances or details as facts.
• Read the payment terms and allocation of costs as well. Understanding the outcome includes the principal amount awarded, the amount dismissed, the basis for calculating interest for delay, and the allocation of litigation costs.

Frequently Asked Questions

If damages are claimed, will the court award the full amount?

In this case, the plaintiff sought ₩30 million, but the court awarded ₩20 million in principal and dismissed the remaining ₩10 million. The court set the amount by considering, among other matters, the degree and duration of the affair shown during the proceedings. The outcome in this judgment does not allow the amount of damages in another case to be predicted in advance.

How long is there to file an appeal if a party disagrees with the judgment?

The instructions in the certified copy of the judgment state that an appeal must be filed with the court from which the appeal is taken within two weeks from the date the copy is served. The instructions also note that the method of service may affect how the period is calculated. The materials provided do not establish whether an appeal was actually filed in this case or whether the judgment became final.

Ahn Hyun-hee Law Office represented the plaintiff at the civil litigation stage. This is the outcome of an individual case and does not guarantee the same result in similar cases. Facts such as locations and dates have been generalized to protect the parties.