1. The Client’s Crisis

The client was married to his spouse and living with two children. However, the spouse filed for divorce and brought forward facts that were extremely unfavorable to the client.

The spouse claimed that the client’s trip to Gangwon Province with an unidentified woman had been exposed through dashcam footage, and also submitted evidence that illegal prostitution coupons were found in the client’s bag. In addition, the spouse alleged that the client had a prior history of assaulting the pregnant spouse and writing a handwritten pledge, and even claimed that there were signs of violence against the children.

The spouse’s claims sought KRW 30 million in compensatory damages, KRW 50 million in property division, and child support of KRW 1 million per child per month (KRW 2 million total per month). If the allegations of misconduct and prior violence were largely accepted, the client would have been left with a substantial damages burden and long-term, high child support obligations.

2. Key Issues

The issues that had to be defended in this case were as follows.

First, the question was how to defend against the KRW 30 million compensatory damages claim. Being labeled the at-fault spouse based on allegations of marital misconduct and domestic violence, it was necessary to avoid paying damages altogether or at least minimize them.

Second, the claim for KRW 1 million per child per month in child support had to be challenged as excessive. Because child support is a fixed expense that must be paid every month until the children reach adulthood, the total amount amounts to a long-term burden worth hundreds of millions of won. It was necessary to adjust it to a reasonable level in light of the client’s actual income and financial situation.

Third, it was anticipated that the spouse would argue for limiting or denying visitation rights, based on allegations of the client’s violence and abuse of the children. Securing visitation rights, which would allow the client to maintain a relationship with the children even after divorce, was an important issue for the client.

3. Strategy

Attorneys Noh Jong-eon and Shin Mi-jin established a practical, results-oriented defense strategy focused on minimizing long-term financial burdens and protecting the client’s parental rights, despite the many unfavorable circumstances.

In defending against the damages claim, they individually examined and rebutted the evidentiary value of the materials submitted by the spouse, while also arguing that responsibility for the breakdown of the marriage also lay with the spouse’s side. They advanced the position that the client could not be conclusively deemed the at-fault spouse based solely on the spouse’s one-sided assertions, and that the circumstances leading to the marital breakdown had to be considered in full.

For the reduction of child support, they specifically demonstrated the client’s actual income level, financial circumstances, the children’s ages, and the actual necessary amount of child-rearing expenses, arguing that the spouse’s request for KRW 1 million per child per month was excessive. They also proposed a tiered child support structure based on the children’s developmental stages, creating grounds for the court to adjust the amount to a reasonable level.

For property division, they proposed a method of selling the client’s real estate and then fairly dividing the net proceeds after deducting loan balances and taxes and public charges, thereby creating a reasonable settlement structure acceptable to both sides. They also agreed that the provisional attachment the spouse had placed on the property during the lawsuit would be lifted at the same time as the sale contract, enabling the asset to be disposed of smoothly.

To secure visitation rights, although the spouse argued for restricting visitation based on allegations of violence against the children, the team focused on securing regular visitation by submitting materials showing the client’s intent to maintain a relationship with the children and fulfill parental responsibilities.

4. Results and Recovery

The case was concluded after the court’s settlement recommendation order became final. The main results were as follows.

Regarding the spouse’s claim for KRW 30 million in compensatory damages, the matter was settled with the spouse waiving all remaining claims, including damages. In other words, despite being identified as the at-fault spouse, the case was concluded without any separate damages payment.

Child support was reduced from the spouse’s requested KRW 1 million per child per month to KRW 500,000 per child per month until elementary school entry, and KRW 600,000 per child per month after entry, a reduction of roughly 40–50%. As a result, the client’s long-term child support burden until the children reached adulthood was greatly reduced.

Property division was resolved by dividing one-half of the net proceeds after the sale of the real estate, and visitation rights were clearly established as the right to meet the children regularly twice a month.

Starting from the unfavorable position of alleged misconduct and violence, the practical defense strategy succeeded in effectively defeating the damages claim, reducing child support by about half, and securing visitation rights as well.

If you are wondering how to respond in a similar situation, the outcome can vary depending on the specific facts of the case, so we recommend consulting a specialist.

Attorney in charge: Managing Attorney Noh Jong-eon · Attorney Shin Mi-jin

To protect confidentiality, this case has been partially anonymized to the extent that the essence of the matter is not compromised.