1. The Client's Crisis

The client was the head of a household in his fourth year as the family provider, with one child. As living conditions worsened, he was working while also doing designated driver jobs, and his wife started working to help cover living expenses. Then, about six months ago, his wife began acting strangely, saying she had a lot of work and not coming home, and even neglecting to take their child to kindergarten. One day, he learned that she had stayed out all night and had not returned home, leaving the child alone at home, and in the process confirmed his wife's infidelity and the existence of the other man. The client did not want a divorce right away for the sake of the child, but came to Law Firm Jonjae to seek legal responsibility from the man involved in the affair.

2. Key Issues

The difficulties in this case were largely threefold. First, we needed to accurately identify the other man's personal information and secure evidence that could objectively prove the affair. Second, even if we won the lawsuit, there was a high possibility that the other man would not voluntarily pay the damages, so a strategy that also took collection of the judgment into account was necessary. Third, because the client did not want a divorce, we had to separately pursue only the claim for damages against the other man, requiring a response that also considered the impact on the family remaining intact.

3. Jonjae's Strategy

Attorney Noh Jong-eon, the firm's managing partner, confirmed that the circumstances strongly indicated an affair, then gathered evidence and filed a lawsuit seeking damages against the other man.

At the same time as filing the complaint, we applied for a provisional seizure of the other man's wages so that economic pressure would be applied from the early stages of the lawsuit. During the proceedings, we objectively and logically explained the circumstances and evidence of the affair, leading the court to issue a ruling ordering the payment of damages.

However, even after the judgment became final, the other man did not voluntarily pay the amount. The client came back to Law Firm Jonjae, and Attorney Noh Jong-eon immediately applied for a seizure and collection order against claims, initiating compulsory execution procedures to directly recover the other man's receivables. In addition to the existing provisional seizure, the seizure and collection order on claims intensified pressure so that the other man's financial transactions would also suffer a tangible blow.

4. Result and Recovery

Unable to withstand the economic pressure from the provisional seizure and the seizure and collection order on claims, the other man paid the full 30 million won in damages. The client held his spouse legally accountable for the mental anguish caused by the affair and succeeded in recovering the entire judgment amount without any shortfall.

Responsible attorney: Noh Jong-eon, Managing Attorney

To protect confidentiality, this case has been partially anonymized to the extent that it does not undermine the essence of the matter.

If you are in a similar situation, the video below may be helpful.