It is common for individuals to continue seeing each other secretly even after signing an agreement stating "I will never meet again" following the discovery of an affair. This case is a victory in a lawsuit seeking damages for breach of contract, resulting in compensation for the client's emotional distress.
1. Case Overview π§
After discovering the affair between their spouse and the defendant, the plaintiff (client) entered into an agreement with the defendant stating 'If there is any contact or meeting in the future, damages will be paid.' However, even after the agreement, the defendant secretly contacted and met with the spouse multiple times, even engaging in sexual relations, and even received money from the spouse under the guise of a settlement.
2. Issues in Dispute and Judgment π‘
The defendant attempted to evade responsibility by arguing the following:
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"The agreement is anti-social and invalid because it restricts individual freedom."
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"The agreement was created under duress and coercion."
However, the court accepted our arguments and ruled as follows:
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Recognition of the validity of the agreement: Agreeing to resign or prohibit meetings as a way to protect the family is a legitimate contract that does not violate social order.
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Denial of coercion: Even if there was a somewhat threatening atmosphere, an agreement made in a state of anger due to the affair cannot be seen as illegal coercion.
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Order to pay damages: As the breach of the agreement is clear, the court ordered the defendant to pay the plaintiff a reduced penalty of 95 million won.
3. A Word from the Lawyer π€
In lawsuits against a mistress/lover, an agreement is a powerful weapon, but the other party will inevitably try to deny its validity. This case is significant in that we defended the legal validity of the agreement through thorough evidence gathering and dismissed all of the opposing party's counterclaims.
If you are going through a difficult time due to betrayal, seek legal advice from a legal expert to find your rightful rights. π€
Do you need specific consultation regarding lawsuits against a mistress/lover and claims for damages for breach of contract?
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