CONTENTS
- 1. A Client Who Needed the Assistance of a Mokpo Civil Litigation Specialist
- 2. Assistance Provided by the Mokpo Civil Litigation Specialist
- 3. Court Accepts the Mokpo Civil Litigation Specialist's Argument and Grants Preservation of Evidence
1. A Client Who Needed the Assistance of a Mokpo Civil Litigation Specialist
The client in this case, who came to a Mokpo civil litigation specialist, had seen his or her marriage break down due to the spouse's infidelity.
The client decided to claim damages from the affair partner and requested the assistance of a Mokpo civil litigation specialist at Daeryun Law Firm.
Before pursuing the damages claim, the Mokpo civil litigation specialist at Daeryun Law Firm decided to file a petition for preservation of evidence to prove the infidelity between the client's spouse and the affair partner.
The Law on Lawsuits Against an Affair Partner, Reviewed with a Mokpo Civil Attorney
- Civil Act Article 750 (Definition of Tort)
A person who causes loss to another by an unlawful act, whether intentional or negligent, is liable to compensate for the loss.
- Civil Act Article 751 (Compensation for Loss Other Than Property)
(1) A person who injures the body, liberty, or reputation of another, or causes mental suffering, is liable to compensate even for loss other than property.
(2) The court may order that the compensation under the preceding paragraph be paid as a periodic-payment obligation, and may order the provision of reasonable security to ensure its performance.
- Civil Act Article 840 (Grounds for Judicial Divorce)
Either spouse may petition the Family Court for divorce in any of the following cases.
1. Where the spouse has committed an unfaithful act.
- Civil Act Article 841 (Extinction of the Right to Claim Divorce Based on Infidelity)
The ground under item 1 of the preceding Article may not be invoked to claim divorce where the other spouse has consented in advance or forgiven the act afterward, or where six months have passed from the day it became known, or two years from the day the ground arose.
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If an unlawful element is involved in preparing a lawsuit against an affair partner, you may instead face a criminal complaint.
A civil lawsuit must be pursued against the affair partner and the spouse, but if a criminal complaint is filed, you may have to settle on the condition that the lawsuit is not pursued.
In addition, there are cases in which a lawsuit against an affair partner cannot be pursued.
According to case law, where there is marital discord and the spouses have lived apart for a long time so that the marital community has broken down and the substance of married life no longer exists, and the relationship has reached a point of objectively irreparable breakdown, damages may not be claimed against a third party even if that third party had an affair with one of the spouses.
In addition, a lawsuit against an affair partner is subject to an extinctive prescription period.
For these reasons, a lawsuit against an affair partner should be handled with care, carefully reviewing the relevant statutes and case law.
2. Assistance Provided by the Mokpo Civil Litigation Specialist
The Mokpo civil litigation specialist at Daeryun Law Firm established a strategy to help the client quickly secure a favorable position in the damages lawsuit against the affair partner through a decision on preservation of evidence.
The client's spouse and the affair partner had also committed acts of infidelity at the newlywed home of the client and the client's spouse.
On the basis of these facts, the Mokpo civil litigation specialist at Daeryun Law Firm requested preservation of the CCTV footage from the entrance of the client's newlywed home.
3. Court Accepts the Mokpo Civil Litigation Specialist's Argument and Grants Preservation of Evidence
Accepting the argument of the Mokpo civil litigation specialist at Daeryun Law Firm, the court issued the following order on the petition for preservation of evidence: ‘The holder of the evidence shall, within seven days from the date of being served with this decision and receiving a portable storage device from the petitioner (the client), submit to the court the medium on which the CCTV footage is stored.’
As a result, the client who came to the Mokpo civil litigation specialist at Daeryun Law Firm was able to secure decisive evidence and take an advantageous position in the upcoming damages lawsuit.
Daeryun Law Firm draws on data accumulated through a wide range of consultations and case engagements, bringing together legal specialists to achieve favorable outcomes.
Daeryun Law Firm assists clients with legal solutions tailored to each client's circumstances.
If you are facing hardship in a similar situation, you may entrust your matter to the Mokpo civil litigation specialist at Daeryun Law Firm.
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