1. Case Summary ๐
The Plaintiff (wife) and the Defendant (husband) were a married couple who married in 2014 and had one child. However, the Plaintiff frequently had drinking parties during the marriage and, decisively, committed adultery by staying at another man's officetel multiple times and displaying affectionate behavior. Accordingly, the Defendant, the husband, filed a counterclaim against the wife seeking divorce and alimony.
2. Key Issues and Judgment Result ๐
The court held the Plaintiff (wife) strictly liable for her adulterous conduct and ruled as follows:
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Divorce and Alimony: The Plaintiff's and the adulterer's actions constituted adultery under the Civil Act, and the court acknowledged that the Plaintiff was primarily responsible for the breakdown of the marriage. Accordingly, the court ordered the Plaintiff to pay the Defendant 25 million won in alimony.
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Division of Property: Considering the duration of the marriage and the contribution to the formation of property, it was settled to be divided at a ratio of 50:50.
3. Significance of the Judgment โจ
This case is significant in that it broadly recognizes any act that fails to faithfully fulfill the duty of fidelity between spouses as adultery, even if the spouse's adulterous conduct does not amount to adultery, and clarifies the responsibility of the culpable spouse.
"Adultery is a breach of trust." In order to protect one's rights in an unfair situation, it is essential to secure objective evidence and respond with logical legal principles.