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Deals & Cases

Preservation of evidence

Adultery Partner Lawsuit Attorney Assistance Case | The Adultery Partner Lawsuit Client Secured Evidence of the Affair

The client who came to an attorney for a lawsuit against the spouse's affair partner suspected the spouse's infidelity. With the systematic assistance of the attorney handling the lawsuit against the spouse's affair partner, the client was able to file for preservation of evidence and secure evidence of the infidelity.

CONTENTS
  • 1. The Client Who Came to the Adultery Partner Lawsuit Attorney
    • - The Circumstances Behind the Effort to Secure Evidence of the Affair
    • - Examining the Statutes Relevant to an Adultery Partner Lawsuit
    • - Statutes Relevant to the Preservation of Evidence of an Affair in an Adultery Partner Lawsuit
  • 2. The Assistance Provided by the Adultery Partner Lawsuit Attorney
    • - The Adultery Partner Lawsuit Attorney's Assistance ① | Securing Evidence of the Affair
    • - The Adultery Partner Lawsuit Attorney's Assistance ② | Securing Evidence of the Affair and Filing for Preservation of Evidence
  • 3. As a Result of the Adultery Partner Lawsuit Attorney's Assistance, Evidence of the Affair Was Successfully Secured
    • - If You Need Evidence of an Affair for an Adultery Partner Lawsuit

1. The Client Who Came to the Adultery Partner Lawsuit Attorney

The client who came to an attorney for a lawsuit against the spouse's affair partner suspected the spouse's infidelity and was also in possession of some evidence of it.

However, there was a lack of decisive evidence to proceed with the lawsuit against the spouse's affair partner, and so the client requested the assistance of the attorney handling such lawsuits.

The Circumstances Behind the Effort to Secure Evidence of the Affair

The circumstances of the matter, as ascertained by the attorney handling the lawsuit against the spouse's affair partner through a thorough consultation with the client, were as follows.

The client and the spouse were a weekend couple living apart during the week.

The spouse mainly came to the client's residence where the children were, and the client came to visit the spouse's residence for the first time in a while.

However, at the spouse's residence, items such as contraceptives and women's products, which could serve as evidence suggesting infidelity, were discovered.

However, the spouse denied it, claiming there had been no infidelity.

Thinking of the children, the client decided to consider divorce at a later time, and first wished to secure definite evidence of the infidelity and proceed with a lawsuit against the spouse's affair partner.

This is why the client came to the attorney handling the lawsuit against the spouse's affair partner.

Examining the Statutes Relevant to an Adultery Partner Lawsuit

A lawsuit against the spouse's affair partner refers to a lawsuit seeking damages for emotional distress against the affair partner who engaged in an act of infidelity with one's spouse.

When the marital relationship breaks down due to the act of infidelity between the affair partner and the spouse, damages may be claimed for the resulting emotional harm.

However, a lawsuit against the spouse's affair partner cannot proceed on the basis of mere suspicion, and objective evidence of the affair that can prove the act of infidelity is required.

Other points to note when filing a lawsuit against the spouse's affair partner are as follows.

Points to note when filing a lawsuit against the spouse's affair partner

Damages for emotional distress may be claimed against an affair partner who is responsible for the breakdown of the marriage.
However, in the cases set out below, the person is not a party against whom a lawsuit against the spouse's affair partner may be filed.

∘ Where the affair partner could not have known of the fact of my spouse's marriage
∘ Where the marital relationship had in substance already ended before the act with the affair partner

Statutes Relevant to the Preservation of Evidence of an Affair in an Adultery Partner Lawsuit

Criminal Procedure Act Article 184 (Request for Preservation of Evidence and Its Procedure)

(1) A prosecutor, the defendant, a suspect, or defense counsel may, where there are circumstances that make it difficult to use evidence unless it is preserved in advance, request a judge to conduct a seizure, search, inspection, examination of a witness, or expert appraisal even before the first trial date.

(2) A judge who has received the request under the preceding paragraph has the same authority as the court or the presiding judge with respect to that disposition.

(3) In making the request under paragraph (1), the grounds shall be substantiated in writing.

(4) An appeal against a court order (interlocutory appeal) against a decision dismissing the request under paragraph (1) may be filed within three days.

2. The Assistance Provided by the Adultery Partner Lawsuit Attorney

The attorney handling the lawsuit against the spouse's affair partner decided to proceed with an application for preservation of evidence in order to secure decisive evidence of the infidelity.

The Adultery Partner Lawsuit Attorney's Assistance ① | Securing Evidence of the Affair

The lawyer handling the lawsuit against the spouse's affair partner closely examined the facts relating to the case and provided assistance in order to secure key evidence.

It was subsequently established that the client's spouse had visited a hotel together with the female affair partner.

The Adultery Partner Lawsuit Attorney's Assistance ② | Securing Evidence of the Affair and Filing for Preservation of Evidence

So that objective evidence could be submitted in the course of the lawsuit against the spouse's affair partner, the adultery litigation attorney decided, with respect to the CCTV of the hotel and the CCTV at the spouse's residence, to file an application for preservation of evidence.

The attorney provided assistance by setting out the reasons and the facts in specific detail in the application, so that it would be granted.

3. As a Result of the Adultery Partner Lawsuit Attorney's Assistance, Evidence of the Affair Was Successfully Secured

The court accepted the application for preservation of evidence filed by the attorney of Daeryun LLC handling the lawsuit against the spouse's affair partner and decided as follows.

"The person in possession of the evidence shall submit to this court, within seven days from the date of service of this decision, the medium on which the video recording listed in the attached schedule is stored."

If You Need Evidence of an Affair for an Adultery Partner Lawsuit

Having promptly secured evidence through the swift judgment of the lawyer handling the lawsuit against the spouse's affair partner, the client came to hold a favorable position in the lawsuit against the spouse's affair partner that lay ahead.

An application for preservation of evidence requires that the purpose and grounds of the application be clearly substantiated.

In addition, factors such as smooth communication with the client during the application process also play an important role.

If you wish to secure decisive evidence and take a favorable position in a situation similar to that of the client, please entrust your case to us through a 🔗legal consultation appointment.

상간소송변호사

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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