Defense Against Adultery Damages: Successful Substantial Reduction of Alimony Through Consideration of Joint Tortfeasor's Reimbursement
26-07-01 37
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1. Case Overview
The plaintiff filed a lawsuit for damages (alimony) against the defendant (client) who committed adultery with the plaintiff's spouse. The defendant was held legally responsible after it was discovered that they had exchanged expressions of affection via messenger, knowing full well that the other party was married.
The plaintiff claimed the marriage was irreparably broken due to the defendant's adultery and demanded a massive amount of alimony. While the defendant acknowledged fault and reflected on their actions, the core issue was to reduce the liability of the defendant as a joint tortfeasor, based on the fact that the plaintiff's spouse had already paid a certain amount of alimony to the plaintiff during the divorce process.
Law Firm Theo, representing the defendant, actively argued that the plaintiff's spouse had already partially fulfilled the liability for damages by paying a substantial amount to the plaintiff. Although the memorandum drafted at the time was unilateral in nature, Law Firm Theo engaged in a rigorous legal dispute, asserting that it possessed the characteristics of reimbursement by a joint tortfeasor in a joint and several liability relationship, and therefore must be taken into consideration when calculating the defendant's alimony.
4. Result of Assistance
The court accepted Law Firm Theo's legal arguments and ruled to limit the alimony the defendant must pay to the plaintiff to 7,000,000 KRW, a significant reduction from the initially claimed amount. Consequently, the defendant was able to successfully resolve the case while minimizing both economic and mental burdens.
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