CONTENTS
- 1. A Client Who Came to Daeryun to Gather Evidence of an Affair
- - Statutes Related to the Gathering of Affair Evidence
- 2. Daeryun's Assistance in Gathering Affair Evidence
- 3. Successful Gathering of Affair Evidence, "Application for Preservation of Evidence Granted"
1. A Client Who Came to Daeryun to Gather Evidence of an Affair
The client, who needed to gather evidence of an affair, came to Daeryun Law Firm.
The client stated that she had recently learned of her husband's affair.
Accordingly, she wished to prepare for a divorce lawsuit, and, not knowing how to gather evidence of the affair, requested Daeryun's assistance.
When an individual gathers evidence of an affair on their own, they may act on emotion or, lacking legal knowledge, use unlawful methods and thereby become subject to punishment.
In addition, evidence of an affair that was not gathered lawfully is difficult to have admitted in court.
For this reason, the client wished to gather clear evidence of the affair with Daeryun's assistance, and wished to secure a favorable position through the gathering of such evidence in the divorce lawsuit to be pursued thereafter.
Statutes Related to the Gathering of Affair Evidence
■ Civil Procedure Act, Article 375 (Requirements for Preservation of Evidence)
Where the court finds that there are circumstances making it difficult to use evidence unless an examination of evidence is conducted in advance, it may, upon a party's application, conduct an examination of evidence in accordance with the provisions of this Chapter.
■ Civil Act, Article 766 (Extinctive Prescription of the Right to Claim Damages)
(1) The right to claim damages arising from a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the victim or the victim's legal representative became aware of such damage and of the tortfeasor.
(2) The same shall apply where ten years have elapsed from the date on which the tort was committed.
■ Civil Act, Article 840 (Causes for Judicial Divorce)
Either spouse may file a claim for divorce with the Family Court in any of the following cases:
1. Where the other spouse has committed an act of infidelity
■ Civil Act, Article 841 (Extinction of the Right to Claim Divorce Due to Infidelity)
A claim for divorce on the ground set forth in subparagraph 1 of the preceding Article may not be filed where the other spouse has given prior consent or subsequent forgiveness, or where six months have elapsed from the date on which the spouse became aware of the ground, or two years have elapsed from the date on which the ground arose.
2. Daeryun's Assistance in Gathering Affair Evidence
First, Daeryun Law Firm, after a thorough legal consultation with the client, formed a team of 3 to 20 specialist attorneys experienced in gathering evidence of affairs, dedicated solely to the client's case, and set about providing assistance.
As a result of the investigation, it was found that the client's husband frequently entered the officetel where the affair partner resided.
Daeryun's team decided to secure the CCTV footage from that officetel and, for the reasons set forth below, applied to the court for preservation of evidence.
▶ The client sought to secure evidence establishing the husband's affair.
▶ The client sought to pursue a divorce lawsuit due to the husband's affair.
▶ Because the evidence subject to the preservation application could be deleted, the granting of the preservation application as soon as possible was necessary.
3. Successful Gathering of Affair Evidence, "Application for Preservation of Evidence Granted"
The court accepted all of the arguments of Daeryun Law Firm's team and issued the following decision.
“The holder of the evidence described herein shall submit the above item to this court within 7 days from the date of notification of this decision.”
With Daeryun's assistance, the client was able to successfully gather decisive evidence of the affair.
As a result, she was able to secure a favorable position in the divorce lawsuit to be pursued thereafter, and the client expressed her gratitude and joy for the thorough assistance of Daeryun's team.
In court, evidence may be said to be the most powerful thing.
Daeryun Law Firm operates a one-stop service ranging from evidence gathering to response to investigations and defense at trial.
If you are in a situation similar to that of the client in this case, you are welcome to proceed with the gathering of affair evidence together with Daeryun Law Firm.
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