'I Didn't Know He Was Married'… Adultery Emotional Distress Claim Without Evidence, Won With 'Full Dismissal'

Case Overview

The plaintiff filed an adultery Emotional Distress suit alleging that our client (the defendant) had committed infidelity with the plaintiff's spouse. However, our client had been completely unaware at the time of the relationship that the other party was married—a victim of infringement of sexual self-determination—and there was no objective evidence whatsoever of the infidelity the plaintiff alleged, an unjust situation.

Our Strategy

DAEON's attorneys sharply pointed out that the plaintiff had no concrete evidence whatsoever to support the cause of action, neutralizing the plaintiff's claims. Furthermore, we clearly established as a matter of law that because the other party had thoroughly concealed his married status through deception, our client was merely a victim who had been deceived into the relationship and bore no 'intent' or 'negligence' with respect to any infidelity. As a result, the Seoul Central District Court dismissed the plaintiff's claim in its entirety and ordered the plaintiff to bear all litigation costs—a perfect and complete win.

Result · Full Win

'I Didn't Know He Was Married'… Adultery Emotional Distress Claim Without Evidence, Won With 'Full Dismissal'

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.