Knowing About the Marriage but Having an Affair from Golf to Hotel... 12 Million Won in Alimony

Adultery under Civil Law Constitutes Tort, Allowing Claims for Damages

A court ruling has determined that a person must pay 12 million KRW in damages as alimony to the spouse of an adulterous partner with whom they continued an inappropriate relationship and even had sexual relations, despite knowing that the partner was married.

[Image source=Pixabay]

According to the legal community on the 15th, Judge Kim Wonmok of the Cheonan Branch of Daejeon District Court partially ruled in favor of plaintiff A in a damages claim lawsuit filed against B, who had an inappropriate relationship with A's spouse.

B maintained a continuous relationship with C, A's spouse, starting from 2019. The inappropriate meetings, which were kept secret from A, extended to golf courses and hotels. B and C engaged in misconduct such as playing golf together and having sexual relations at hotels.

In particular, B committed these acts of infidelity despite knowing that C was married. Initially, A claimed 40 million KRW in alimony from B, but the court recognized only a portion of this amount as damages.

Regarding A's claim, the court stated, "B is jointly liable as a co-tortfeasor and is responsible for compensating the damages suffered by A." The court further ruled, "The alimony corresponding to the mental suffering experienced by A is reasonably set at 30 million KRW. Considering that among the co-tortfeasors, C's share is three-fifths and B's share is two-fifths, B is ordered to pay 12 million KRW."

A court has ruled that a person must pay 12 million won in damages to the spouse of an adulterous partner for maintaining an inappropriate relationship and engaging in sexual relations despite knowing about the marriage.
[Photo by Asia Economy]

Under civil law, adultery constitutes a tort, and alimony can be claimed as damages accordingly. Lawsuits for alimony claims against an adulterous partner can be filed against both the spouse and the adulterer regardless of divorce status.

Lawsuits against the adulteress or adulterer require proof not only of the misconduct but also that the party was aware of the spouse's married status while engaging in the misconduct. Adulterers often dispute this point in lawsuits, as spouses frequently actively deceive the adulterer.