Key Points
- If no answer is filed within 30 days of service of a copy of the complaint, the court may treat the plaintiff's claims as admitted and render judgment without holding a hearing (Articles 256(1) and 257(1) of the Civil Procedure Act).
- If you did not know, and could hardly have known even with due care, that the plaintiff's spouse was married, you may be found not at fault and free of liability (Article 750 of the Civil Act).
- If the plaintiff's marriage had already broken down beyond repair when the relationship began, there is room for the defendant to escape liability (Supreme Court en banc Decision 2011Meu2997).
- If more than three years have passed since the plaintiff learned of the relationship and of you, or more than ten years since the conduct, you can raise completion of the limitation period (Article 766 of the Civil Act).
- If the plaintiff's spouse has already paid compensation, that money is deducted from what the defendant owes or considered as a ground for reduction (Supreme Court Decision 2023Meu12782).
What to do right after receiving the complaint
- Note the date of receiptRecord the date the copy of the complaint arrived. The deadline for filing an answer is 30 days from that date (Article 256(1) of the Civil Procedure Act). The same deadline applies when the case is filed in the family court as a Class C family case (Article 12 of the Family Litigation Act).
- Identify what kind of case it isCheck whether it is a divorce suit with you joined as a defendant (family court) or a civil suit against you alone. The starting point for the limitation period and the defense strategy change accordingly.
- Stop emotional contact, keep recordsSending heated messages to the plaintiff or the plaintiff's spouse only adds evidence against you. On the other hand, do not delete records showing when the relationship began and ended and what the plaintiff's spouse said; save them separately.
- Draft the answerSeparate the points to contest from the points to admit. Rather than denying everything, selecting and presenting arguments with clear grounds is more persuasive to the court.
Arguments you can raise in court
| Argument | To be accepted | Materials to prepare |
|---|---|---|
| It was not an unchaste act | You met for work or were ordinary acquaintances, so it is hard to say the duty of fidelity was breached | The full context of the conversations, the reasons for meeting |
| I did not know the person was married | The plaintiff's spouse falsely claimed to be single, and the surrounding circumstances made it hard to notice | Messages saying he or she was single, how you met, how the meetings took place |
| The marriage had already broken down | Before the relationship began, the plaintiff and spouse had lived apart for a long time and there was objectively no possibility of reconciling | When they started living apart, records of divorce discussions or lawsuits, what the plaintiff's spouse said |
| The limitation period has expired | Three years have passed since the plaintiff learned of the relationship, or ten years since the conduct | Protest messages or certified letters showing when the plaintiff knew |
| Compensation has already been paid | The plaintiff's spouse has already paid or promised to pay | Transfer records, mediation records, the divorce agreement |
The breakdown argument is the most misunderstood. It is not enough that the plaintiff and spouse often fought or that the plaintiff's spouse said they were "about to divorce." The Supreme Court held that liability can be denied only when, through long separation or similar circumstances, the couple's shared life has lost its substance and the possibility of restoring it has objectively disappeared, and that whether a divorce suit is pending does not affect the conclusion (en banc Decision 2011Meu2997). You must therefore prove with objective materials when the separation began and how the two lived afterward.
When the limitation period starts
If the plaintiff is staying in the marriage and seeks damages for an individual act of infidelity, the limitation period is completed three years after the plaintiff learned of the act and of the defendant, or ten years after the act (Article 766 of the Civil Act). If the plaintiff meanwhile sent you protest messages or told your spouse, that point in time serves as evidence of when the plaintiff "learned." By contrast, if the plaintiff divorced on the ground of the affair and seeks alimony arising from the divorce, the three years are counted from the end of the marriage (Supreme Court Decision 2025Meu10716), so a limitation defense may fail even if the relationship ended long ago.
Contesting the amount when liability is hard to avoid
If the facts make it hard to deny liability itself, it is better to focus on reducing the amount. The court sets the amount by considering together how long and how intensely the relationship continued, how long the plaintiff's marriage lasted, whether it ended in divorce, and whether the defendant ended the relationship after it was discovered.
- Money paid by the plaintiff's spouse · The plaintiff's spouse and the defendant bear an obligation akin to joint and several liability (bujinjeong yeondae chaemu), so compensation paid by the spouse also has effect for the defendant. Even if it was paid mixed with a property division payment, the court can take that into account (Decision 2023Meu12782).
- Who led the relationship · If the plaintiff's spouse actively approached you and led the relationship, this may be taken into account in determining the extent of your liability.
- Settlement and mediation · The case may also be resolved by settlement including the amount, payment in installments, a promise not to make contact again, and a confidentiality clause. Be sure to consider whether any penalty clause is an amount you can actually bear.
Frequently Asked Questions
I dated someone who said he or she was divorced, and now I have received a complaint.
More than four years have passed since I ended the relationship. Hasn't the limitation period expired?
I missed the deadline for filing an answer.
Can I recover part of the damages I paid from the plaintiff's spouse?
Related DAEON Case Results
'I Didn't Know He Was Married'… Adultery Emotional Distress Claim Without Evidence, Won With 'Full Dismissal'
The plaintiff filed an adultery Emotional Distress suit alleging that…
View case →Mediation SettledDefending an Adultery Lawsuit
Our client, the third party in an affair, was sued for adultery.
View case →Related Guides
Affair Lawsuits (Damages from an Affair Partner)
Responsibility for an affair does not rest with the spouse…
Read more →Case TypeDivorce Alimony (Compensation for Non-Economic Damages)
Alimony (wijaryo, compensation for non-economic damages for emotional harm) is…
Read more →Case TypeJudicial Divorce (Divorce Lawsuit)
Even if your spouse never agrees to divorce, the marriage…
Read more →Procedure GuideLawful Limits of Evidence in Divorce & Affair Cases
To have an affair or verbal abuse recognized in court, you…
Read more →Procedure GuideDeadlines for Divorce & Inheritance Claims
In family legal matters, the hardest mistake to undo is mi…
Read more →Procedure GuideFamily Mediation
Most divorce-related disputes pass through a mediation sta…
Read more →Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.
Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026
Call
KakaoTalk
E-mail