Attorney Specializing in Affair-Partner Litigation | A 'Favorable Judgment' Through Assistance to a Client Sued in Affair-Partner Litigation

The client had worked at the same workplace for a long time and maintained a close relationship with her colleague, Mr. A.

However, Mr. A's spouse, Mr. B, mistakenly believed the client to be the female affair partner and filed a lawsuit.

Owing to circumstances that were not sufficiently explained at the first instance, the client received an unfavorable judgment, and while preparing for the appeal in an effort to establish a more professional defense strategy, she came to the attorney specializing in affair-partner litigation, appealing her sense of injustice.

The circumstances at issue were that Mr. A had used an affectionate term of address for the client in his messenger profile, the drinking gatherings that continued late into the night, carpooling during commuting hours, and the like.

The client emphasized that, with regard to the profile wording, the conduct had been done as a joke, that the drinking gathering had likewise been a company dinner that included other employees, and that there had been no entry into any lodging establishment and no sexual contact whatsoever.

The client came to the attorney in a situation where she had been branded as the female affair partner even though there had been no act of infidelity with Mr. A whatsoever.

The attorney specializing in affair-partner litigation focused on proving that the drinking gathering that continued late into the night was not an act of infidelity but a company dinner among colleagues, and that there had been no conduct that would raise suspicion of an act of infidelity, such as entry into a lodging establishment.

In particular, the attorney emphasized that the change to the messenger profile, which had been the source of the problem, was nothing more than a temporary joke.

The attorney also established a defense strategy arguing that, because the profile had been changed as a fully public profile rather than one visible only to the other party, it did not constitute an act of infidelity.

The attorney collaborated with a digital forensics center to restore the messages between the client and Mr. A, which contained the contents of work-related conversations that the client and Mr. A had exchanged over several years.

The attorney also submitted, as evidence, messages in which colleagues had split the cost after the company dinner and a group photograph taken with the employees, thereby proving that the drinking gathering at issue had in fact been a company dinner attended by a number of colleagues.

In the statement of grounds for appeal, the attorney cited numerous similar lower-court precedents to emphasize the legal principle that, where sexual contact or a clear romantic relationship is not proven, it is difficult to conclude that there was an act of infidelity.

In particular, the attorney pointed out that the 'messenger profile' alone, which had been presented as key evidence in the lower court, was insufficient to recognize an affair-partner relationship.

The attorney specializing in affair-partner litigation also point by point rebutted that, with respect to some of the CCTV footage capturing the appearance during the carpool and the indirect circumstances, the evidentiary value was markedly insufficient to be interpreted as a romantic relationship or an act of infidelity.

The attorney persuasively conveyed to the court that recognizing an act of infidelity on the basis of the mere circumstance that a close collegial relationship had been maintained was legally untenable.

When you are sued in affair-partner litigation, feelings of injustice may come first, but rather than an emotional response, the collection of evidence based on objective facts and a meticulous legal strategy are more important than anything else.

To this end, Daeryun Law Firm is capable of professional and lawful evidence analysis, including digital forensics, and provides tailored responses suited to the client's situation through attorneys with extensive experience in divorce and affair-partner litigation.

If you are troubled by affair-partner litigation, please feel free to receive the help of a professional through a 🔗legal consultation booking at any time.