Divorce and Inheritance Civil Litigation Partial Damages Award: KRW 8 Million in Compensation Recognized for Spouse’s Infidelity

The client suffered severe emotional distress after learning that the client’s spouse had maintained an inappropriate relationship with a particular person for a long period.

The other party denied the infidelity itself, claiming to have been merely an acquaintance of the spouse. From the client’s perspective, however, the long-standing marital life and family relationship had been seriously infringed.

In particular, in infidelity cases, it is often difficult to secure direct evidence, and the key issue is whether legal liability can be recognized beyond the level of mere suspicion.

Taelim Law Firm did not rely simply on emotional assertions.

Taelim’s defense team focused on proving, through objective materials, that the relationship between the other party and the spouse went beyond ordinary friendship.

First, Taelim carefully analyzed screen golf usage records, call records, frequency of contact, and long late-night phone calls.

In particular, Taelim specifically organized and presented to the court the fact that the two had repeatedly met alone over a long period and had continuously exchanged hundreds of communications.

Taelim also secured circumstances showing that the spouse had registered the other party’s contact information and address on an online shopping mall used by the family, directly refuting the other party’s assertion that the relationship was merely one between acquaintances.

Taelim structured the case around Supreme Court precedent holding that infidelity is not recognized only through sexual relations, and that an intimate relationship infringing the duty of fidelity as a spouse may also constitute a tort.

The court accepted Taelim’s arguments.

The court found that the other party, while aware that the spouse was married, had formed a private intimate relationship between persons of the opposite sex beyond a simple acquaintance relationship, and recognized that the client suffered emotional distress as a result.

Accordingly, the defendant was ordered to pay the client KRW 8,000,000 in consolation money and delay damages. On appeal, the core liability itself was maintained, and most of the defendant’s appeal was not accepted.

In damages cases involving infidelity, the other party often denies responsibility on the ground that direct evidence is lacking.

However, in actual litigation, courts assess infidelity by comprehensively considering the continuity of the relationship, frequency of contact, manner of meetings, and circumstances closely connected to daily life.

This case is an example of Taelim persuasively reconstructing a matter that could have remained at the level of mere suspicion through objective materials and case law.

In particular, rather than relying on emotional appeals, Taelim conducted a multidimensional analysis of call records, meeting history, and daily-life circumstances and obtained recognition of legal liability for infringement of the marital relationship.

This case demonstrates that, even in a situation involving emotional distress from a spouse’s infidelity, Taelim’s meticulous evidentiary strategy can lead to meaningful restoration of rights.

**

If you are facing difficulties similar to the case above, please feel free to contact Taelim Law Firm at any time.