The client, a woman in her 30s, had resumed dating a man she had previously dated, with marriage in mind. One day, however, she was contacted by the man's wife and learned that the man she was seeing was married and had a child. The client was highly anxious after the wife said that she would file an affair lawsuit and disclose the matter to the client's workplace and family.
Taelim sent a content-certified notice to the former boyfriend and his wife stating that the client had not known he was married, and that the man who concealed his marriage was liable to pay consolation money. The notice stated that if he did not pay, a lawsuit would be filed. The man and his wife did not respond, so Taelim filed a consolation money lawsuit against the former boyfriend based on violation of the client's sexual self-determination.
Taelim analyzed KakaoTalk messages between the client and the former boyfriend and submitted evidence showing that he intentionally concealed his marriage, the special circumstances that made it impossible for the client to know he was married, and why his deceptive conduct was highly blameworthy. Based on this, the court awarded KRW 20 million in consolation money.
In consolation money cases based on violation of sexual self-determination, the longer the relationship lasted, the more difficult it may be to prove that the victim did not know the other person was married. It is therefore necessary to carefully analyze evidence and persuasively show the court that the victim truly did not know the person was married and suffered serious emotional harm. This case is meaningful because Taelim proved that the client did not know he was married despite never having visited his home and despite occasional lack of contact on weekends, allowing the client to obtain consolation money and escape an unfair situation in which she might otherwise have suffered harm without proper compensation.
If you are facing a situation similar to the above, please contact Taelim Law Firm at any time.
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