[English Translations for Global Clients - Success Case]

1. Case Overview

The client (creditor) and the debtor had both engaged in an adulterous relationship with a third party (the debtor’s spouse), thereby becoming joint tortfeasors in the resulting civil wrong.

After the incident, the client paid the full amount of damages (compensation for mental distress) to the victim, which simultaneously discharged the debtor’s liability as a joint tortfeasor.

Seeking reimbursement for the portion of damages that should rightfully be borne by the debtor, the client retained Taelim Law Firm to file a claim for contribution (recourse claim).

2. Taelim’s Assistance

Attorneys at Taelim Law Firm focused on the fact that the client’s payment released the debtor from liability and developed their argument based on the principles of joint tort liability under Korean Civil Law.

They argued, pursuant to Article 760(2) of the Korean Civil Act, that when one of several joint tortfeasors compensates the victim for the full amount of damages, that party is entitled to seek contribution from the other tortfeasors.

Taelim further emphasized that the damages paid by the client constituted compensation for harm arising from the joint tortious act and that such payment also had the effect of discharging the debtor’s corresponding obligation.

After carefully analyzing the factual background, degree of fault, and relationship between the parties, Taelim determined that the debtor’s share of responsibility should be set at 50%, and demanded repayment of the corresponding amount plus statutory interest.

3. Case Outcome

The court acknowledged that the client and the debtor had jointly committed the adulterous act, thereby infringing upon the marital relationship of the third party (the victim).

The court also confirmed that the client’s full payment of damages released the debtor from liability, creating a legitimate ground for a contribution claim.

Accordingly, the court ruled that the debtor was liable for 50% of the total damages, ordering payment of that amount plus accrued interest to the client.

4. Significance of the Judgment

This case clearly establishes that in adultery-related joint tort cases, even if one tortfeasor pays the entire amount of damages to the victim, that party retains the right to seek contribution from the other tortfeasor based on their respective degree of responsibility.

Through Taelim Law Firm’s strategic legal advocacy, the court explicitly recognized the debtor’s 50% liability, allowing the client to recover a substantial portion of the financial loss.

This decision serves as an important precedent demonstrating the practical exercise of contribution rights among joint tortfeasors in cases involving adultery or moral injury claims, as well as Taelim’s effectiveness in protecting clients’ financial interests.

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If you’re facing a similar situation,

don’t hesitate to reach out to Taelim Law Firm for legal assistance.