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Deals & Cases

Preservation of evidence

[Seoul Civil Litigation Attorney Success Case] Evidence Collected with the Assistance of a Seoul Civil Litigation Attorney

The client who came to a Seoul civil litigation attorney turned to Daeryun Law Firm to preserve evidence in a civil action, including a divorce action, concerning a spouse who had engaged in an extramarital affair.

Wanting to prevent decisive evidence of the affair from disappearing during the civil litigation, the client wished to proceed with an application for preservation of evidence together with the Seoul civil litigation attorney.

CONTENTS
  • 1. The Client Who Needed the Assistance of a Seoul Civil Litigation Attorney
    • - Application for Preservation of Evidence with the Help of a Seoul Civil Litigation Attorney
  • 2. The Seoul Civil Litigation Attorney's Assistance Toward a Decision on Preservation of Evidence
    • - The Seoul Civil Litigation Attorney's Help
  • 3. Evidence Successfully Collected with the Assistance of a Seoul Civil Litigation Attorney

1. The Client Who Needed the Assistance of a Seoul Civil Litigation Attorney

The client who needed the assistance of a Seoul civil litigation attorney came to Daeryun Law Firm.

To gain a favorable position early in a civil action such as a divorce action, the client needed the help of a Seoul civil litigation attorney to preserve evidence.

Daeryun's Seoul civil litigation attorney decided to proceed with an application for preservation of evidence together with the client.

Divorce Litigation Law Reviewed with a Seoul Civil Litigation Attorney

Grounds for Judicial Divorce

  • Civil Act Article 840

1. Where the spouse has committed an act of infidelity

2. Where the spouse has maliciously deserted the other party

3. Where one has been subjected to grossly unfair treatment by the spouse or the spouse's lineal ascendants

4. Where one's own lineal ascendants have been subjected to grossly unfair treatment by the spouse

5. Where it has been unclear for 3 years or more whether the spouse is alive or dead

6. Where there is any other serious cause that makes it difficult to continue the marriage

  • Civil Act Article 841

The ground under subparagraph 1 (where the spouse has committed an act of infidelity) may not be invoked to seek divorce where the other party gave prior consent or subsequent forgiveness, or after the lapse of 6 months from the date the party became aware of it, or of 2 years from the date the ground arose.

Divorce Litigation CHECK LIST

  • Spouse's refusal to divorce : proof that grounds for judicial divorce are established
  • Division of marital property : proof of contribution to the marital joint property
  • Consolation money : proof of breakdown of the marriage due to one party's fault
  • Minor children : settling the position on designation of parental authority and custody, and determining the terms of child support and visitation

Application for Preservation of Evidence with the Help of a Seoul Civil Litigation Attorney

The client in this case, who came to a Seoul civil litigation attorney, had been living a peaceful family life with the spouse and child.

Recently, however, the client came to suspect an affair because of the spouse's late returns home and frequent weekend outings.

While finding the spouse's behavior odd, the client happened to learn that the spouse had visited a hotel with the affair partner.

Because the retention period for the hotel CCTV, a strong piece of evidence proving the spouse's affair, was not long, the client and Daeryun's Seoul civil litigation attorney decided to promptly apply for preservation of evidence regarding the hotel's CCTV footage.

Out of consideration for the child, the client decided to hold off on civil litigation such as a divorce action and an action against the affair partner, and requested the help of Daeryun's Seoul civil litigation attorney in order to prepare for the future.

2. The Seoul Civil Litigation Attorney's Assistance Toward a Decision on Preservation of Evidence

To ensure that a decision on preservation of evidence would allow the client to quickly secure decisive evidence for the civil litigation, Daeryun Law Firm's Seoul civil litigation attorney established a strategy.

The Seoul Civil Litigation Attorney's Help

First, Daeryun's Seoul civil litigation attorney identified the name and location of the hotel presumed to have been visited by the client's spouse and the affair partner.

Daeryun Law Firm's Seoul civil litigation attorney then requested that the court grant a decision on preservation of evidence, explaining that the client had discovered decisive evidence relating to the affair divorce action but that it was at risk of being deleted.

The attorney also requested preservation of the CCTV footage from the entrance of the residence where the client, the spouse, and the child were living together, thereby also securing evidence for the civil litigation regarding the period before and after the act in question.

3. Evidence Successfully Collected with the Assistance of a Seoul Civil Litigation Attorney

Under Article 375 of the Civil Procedure Act, preservation of evidence refers to a procedure in which, where it would be difficult to use the present means of evidence by waiting until the ordinary examination of evidence at trial, the examination of evidence is conducted in advance, separately from the procedure on the merits.

Accepting the pleading of Daeryun's Seoul civil litigation attorney, the court ordered that the evidence be submitted to the court within 7 days from the date of service of the decision on the application for preservation of evidence.

In this way, the client who promptly came to Daeryun Law Firm's Seoul civil litigation attorney was able to secure evidence for the civil litigation.

If you are facing a situation similar to the case above, you may seek the help of Daeryun Law Firm's Seoul civil litigation attorney.

[증거보전 성공] 서울민사소송변호사 조력으로 증거 수집

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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