Background
Our client, a company employee, was married with one child. In September 2020, he heard a phone call recorded on his wife's dashcam and came to suspect a relationship between his wife and her team leader at work. When our client confronted the team leader by phone, the team leader said, in effect, that he had feelings for her. The couple separated shortly afterward, and our client took care of the child.
Our client sued for divorce and claimed KRW 100 million in damages for emotional distress from his wife and the team leader. The wife filed a counterclaim, arguing that our client's suspicion and accusations had broken the marriage, and sought divorce, KRW 10 million in damages, a property division of about KRW 86.07 million, and custody.
What Was at Stake
The couple had argued often and had even discussed divorce. The key questions were who was responsible for the breakdown of the marriage and who should raise the child.
How Changchun Helped
The court accepted the following arguments made on our client's behalf by Law Firm Changchun.
Infidelity was the decisive cause. Despite the earlier quarrels, the affair between the wife and her team leader was found to be what ended the marriage.
The third party shares liability. The team leader, who knew she was married, was held jointly liable with the wife.
Custody follows actual care. Given that our client had been raising the child since the separation, he was designated as the child's custodian and holder of parental authority.
Outcome
In November 2021, the first-instance court granted the divorce and ordered the wife to pay KRW 20 million in damages, of which KRW 8 million is owed jointly with the team leader. The wife's counterclaim for divorce and damages was dismissed, and she must pay child support of KRW 600,000 per month. Property was divided 65% to our client and 35% to the wife, so our client pays her KRW 56 million (against her claim of about KRW 86.07 million). Each side bears its own costs.
Even when the other spouse tries to shift the blame, objective evidence of infidelity, such as recordings, can lead to favorable rulings on damages and custody. (Outcomes depend on the facts of each case.)