The pain of a peaceful family collapsing due to a spouse's infidelity is indescribable. The case we are introducing today is a success story that goes beyond simply receiving alimony, and lays the foundation for family recovery through a complete severance of relations with the other party. ๐ค
๐ง Case Overview
The client (plaintiff) had been living with her spouse since 2004, raising their children with devotion. However, she discovered that her spouse was having an inappropriate relationship with the defendant, whom he met through a BAND group, and secured clear evidence of infidelity, including couple rings and photos of sexual relations.
The client placed greater emphasis on family recovery and a definite severance of relations with the defendant than on divorce, and proceeded with the lawsuit.
๐ก Key Arguments and Assistance
The defendant initially attempted to evade responsibility and reduce the amount of damages, claiming that she "didn't know he was married" or that she "tried to end the relationship." In response, the lawyer strongly countered as follows:
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Proof of Awareness of Marital Status: The lawyer submitted evidence that the spouse frequently posted family photos on the BAND group and a message from the defendant saying, "What are you doing with your wife?" to refute the defendant's claims.
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Exposure of Continuous Infidelity: The lawyer proved that the defendant actively contacted the spouse, calling him "my man" and "I love you," and had sexual relations even after the alleged breakup date.
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Demand for Strong Measures to Prevent Recurrence: Beyond simply claiming alimony, the lawyer put clauses on the negotiating table to completely block any additional contact that could occur in the future.
โจ Judgment Result: Recommendation for Reconciliation Reached
The court, taking into account the client's pain and the extent of the defendant's infidelity, issued the following recommendation for reconciliation:
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Alimony of 15 million KRW Confirmed: The defendant will pay the client a total of 15 million KRW in alimony.
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Prohibition of Contact and Penalty Clause: A strong sanction was put in place, stipulating that if the defendant contacts or meets the spouse first, she will pay 5 million KRW per violation.
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Waiver of Right to Indemnity: The defendant was made to waive the right to indemnity, which would allow her to claim a portion of the alimony she paid from the spouse, thereby eliminating the seeds of future disputes that could arise in the marital relationship.
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Confidentiality Obligation: Both parties agreed not to disclose facts related to the case to third parties, protecting the client's privacy.
โ๏ธ A Word from the Lawyer
This case is significant in that it achieved the client's desired goals of 'peace in the family' and 'complete separation from the other party.' ๐ก๏ธ In particular, the waiver of the right to indemnity and the penalty clause are key strategies for preventing secondary conflicts that may arise after a lawsuit against the adulterer.
If you are going through a difficult time due to your spouse's affair, we will be with you until the end to protect your rights and family. ๐ค
If you are having sleepless nights with similar concerns, apply for a consultation right now! ๐