승소사례

Successful Defense Against Jurisdiction Objection by Adulteress and Proof of Adultery ✨

General Tort, Divorce, and Family Law | Plaintiff Victory

Successful Defense Against Jurisdiction Objection by Adulteress and Proof of Adultery ✨
Table of Contents

Hello, I'm a lawyer. Today, on behalf of a client suffering from their spouse's infidelity, I'd like to introduce a judgment that blocked the mistress's cunning attempts to evade legal responsibility and acknowledged her liability for alimony.

1. Background of the Case 🔍

The client (plaintiff) is a legally married couple with children, married in 2011. However, the defendant (mistress), knowing that the husband was married, maintained an affair for about a year, destroying the client's family.

2. Defendant's Arguments and Attorney Seo Yuri's Response ⚖️

① "This case is under the jurisdiction of the Family Court" (Objection to Jurisdiction) The defendant attempted to delay the lawsuit by arguing that since the husband had filed for divorce against the client, this case should also be handled by the Family Court.

  • Response: We legally refuted that the lawsuit could not be considered 'damages based on divorce' solely because the husband unilaterally filed for divorce, as the client did not want a divorce.

② "I have never committed adultery" (Denial of Facts) The defendant denied the affair until the end, feigning ignorance.

  • Response: We clearly proved the affair by presenting evidence such as frequent call records at late-night hours, video footage of them coming out of a motel together on a specific date, and the husband's motel payment records.

3. Court's Judgment ✨

The court rejected the defendant's jurisdictional claim and ruled as follows:

  • Acknowledgment of Liability for Damages: The defendant is liable to compensate for mental damages because she infringed on the client's marital life and violated her rights as a spouse.

  • Alimony Calculation: Considering the length of the marriage, the degree and duration of the affair, alimony of 20 million won was determined.

  • Litigation Costs: The defendant bears most of the litigation costs.

image

4. A Word from the Attorney 💬

In mistress lawsuits, defendants often raise jurisdictional issues or deny the facts despite the evidence, causing the client even more pain. This case is significant in that it blocked the other party's legal tricks and clearly held them accountable for the affair through objective evidence.

Are you having a difficult time due to your spouse's infidelity? We promise a thorough legal response to ensure that you are not swayed by the other party's excuses and that your rights are restored. Apply for a consultation now. 📩