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High Alimony Awarded in Infidelity Damage Claim

26-03-24 364

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1. Case Overview 


The client (Plaintiff) filed a lawsuit claiming 30 million KRW in alimony against a third party who maintained a long-term extramarital affair with the client’s spouse. The dispute intensified as the defendant exhibited a deceptive attitude, even going so far as to directly inform the plaintiff of the affair.

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2. Key Issues of the Case


The defendant denied responsibility, claiming that the marriage had already irretrievably broken down at the time of the relationship. However, the court rejected this claim due to a lack of evidence and recognized the infidelity occurred while the marriage was still intact. Notably, the defendant’s proactive and provocative attitude was also factored into the calculation of the alimony amount.

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3. Legal Assistance Provided 


We systematically organized and submitted objective data to prove the duration and circumstances of the affair, as well as the defendant’s awareness of the marriage. We focused our arguments on the illegality of the infidelity and the continued existence of the marriage to counter the breakdown claim. Furthermore, we persuaded the court of the need for high alimony by highlighting the defendant's malicious attitude and actions.

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4. Outcome 


The court recognized the defendant’s tortious act and ordered an alimony payment of 28 million KRW—an amount significantly higher than the typical award in such cases. We achieved a substantial victory, with the defendant also ordered to bear 90% of the litigation costs.

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