1. Case Overview 📝
The plaintiff (client) held a wedding ceremony after approximately four years of dating and maintained a common-law marriage before recently registering their marriage. However, the defendant (the adulterer) approached the spouse via Instagram, claiming to be a past lover. It was revealed that they exchanged sexually explicit conversations for several months and even had sexual intercourse in a car on two occasions. The client belatedly learned of this affair through a criminal complaint between the spouse and the adulterer, and, deeply shocked, requested legal representation.
2. Attorney Seo Yuri's Assistance (Key Issues and Rebuttals) 🛡️
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Emphasis on the Legal Principles of Common-Law Marriage Protection: The defendant attempted to exploit the fact that the relationship occurred before the marriage registration. However, we proved that the common-law marriage should be protected in the same way as a legal marriage, clearly establishing the defendant's liability for the illegal act.
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Proof of the Severity and Intentionality of the Affair: We presented concrete evidence, including sexually explicit conversations via Instagram and KakaoTalk Messenger, and the fact of sexual intercourse in a car, emphasizing the severity of the affair.
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Blocking the Defendant's Evasion of Responsibility: The defendant claimed to have been threatened by the spouse into the relationship, arguing for a reduction in alimony. However, we legally refuted this, arguing that this was a matter between joint tortfeasors and not a reason to reduce the compensation owed to the plaintiff.
3. Case Outcome 🏆
The court rejected the defendant's claims, acknowledged the plaintiff's mental distress, and ruled as follows:
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The defendant shall pay the plaintiff 20,000,000 KRW in alimony.
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The defendant shall bear the majority (2/3) of the litigation costs.
4. Conclusion ✨
Even in a common-law marriage, if the essence of the marital cohabitation is infringed upon by a third party's affair, legal responsibility can be strictly enforced. When the other party attempts to evade responsibility with unreasonable logic, it is important to respond decisively with the help of an expert.
You can win an adulterer lawsuit even in a common-law marriage. Protect your rights with a legal expert.