CONTENTS
- 1. The Story of the Client Who Came to a Suncheon Attorney for a Lawsuit Against the Adulterous Partner (Female)
- 2. Daeryun Suncheon Attorney for a Lawsuit Against the Adulterous Partner (Female) Prevails; the Client Secures Evidence
1. The Story of the Client Who Came to a Suncheon Attorney for a Lawsuit Against the Adulterous Partner (Female)
The client who came to a Suncheon attorney for a lawsuit against the adulterous partner (female) learned of her husband’s affair.
She then requested help from the Suncheon attorney for a lawsuit against the adulterous partner (female) at Daeryun Law Firm in connection with a divorce litigation and a lawsuit against the adulterous partner (female) against her husband.
The client reportedly had been living as a weekend couple with her husband.
The client’s husband had avoided meeting her, citing communication issues and the need to go to work even on weekends, and the client came to suspect that her husband was having an affair.
Having decided on divorce, the client asked her husband to agree to a divorce on the ground of the affair, but instead, her husband cast her as suffering from morbid jealousy and demanded a divorce and consolation money.
In the course of this, through reports from people around her, the client learned that her husband and the adulterous partner were cohabiting at her husband’s residence and continuing the affair.
The client decided, together with the Suncheon attorney for a lawsuit against the adulterous partner (female) at Daeryun Law Firm, to secure the CCTV footage from her husband’s residence.
The Suncheon attorney for a lawsuit against the adulterous partner (female) at Daeryun Law Firm applied to the court for preservation of evidence, on the ground that the CCTV footage containing the husband’s affair could be deleted and the evidence could not be preserved until the suit on the merits, such as the divorce litigation and the lawsuit against the adulterous partner (female).
Laws Related to the Case Explained by the Daeryun Suncheon Attorney for a Lawsuit Against the Adulterous Partner (Female)
- Preservation of evidence
Criminal Procedure Act Article 184 (Request for Preservation of Evidence and Its Procedure)
(1) A prosecutor, the defendant, the suspect, or defense counsel may, where circumstances make it difficult to use evidence unless it is preserved in advance, request a judge, even before the first trial date, to conduct a seizure, search, inspection, examination of witnesses, or expert appraisal.
(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 such dispositions.
(3) In making the request under paragraph (1), the grounds shall be set forth and supported in writing.
(4) An appeal against a decision dismissing the request under paragraph (1) may be filed within three days.
- Lawsuit against the adulterous partner (female)
A lawsuit against the adulterous partner (female) is a lawsuit that holds the adulterous partner liable for consolation money, based on the Supreme Court precedent below, which provides for compensation for damages arising from infringement of the marital community of life.
Civil Act Article 751 (Compensation for Damages Other Than Property)
(1) A person who has injured the body, liberty, or reputation of another, or has otherwise caused mental anguish, is liable to compensate for damages other than to property as well.
(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.
- Divorce litigation
Civil Act Article 826 (Duties Between Spouses)
(1) Spouses shall cohabit and shall support and cooperate with each other. However, where they temporarily do not cohabit for a justifiable reason, they shall be tolerant of each other.
Civil Act Article 840 (Grounds for Judicial Divorce)
Either spouse may petition the Family Court for divorce where any of the following grounds exists.
1. Where the spouse has committed an act of infidelity
2. Where the spouse has maliciously deserted the other
3. Where one has received grossly unfair treatment from the spouse or the spouse’s lineal ascendant
4. Where one’s own lineal ascendant has received grossly unfair treatment from the spouse
5. Where it has been unclear for three years or more whether the spouse is alive or dead
6. Where any other serious ground exists that makes it difficult to continue the marriage
2. Daeryun Suncheon Attorney for a Lawsuit Against the Adulterous Partner (Female) Prevails; the Client Secures Evidence
The court issued the following decision on the application for preservation of evidence by the Suncheon attorney for a lawsuit against the adulterous partner (female) at Daeryun Law Firm.
“The holder of the evidence (the owner or operator) shall, within seven days from the date of receiving this decision, submit to this court the storage medium containing the video recording described in attached item No. 1, in the manner described in attached item No. 2.”
With the assistance of the Suncheon attorney for a lawsuit against the adulterous partner (female) at Daeryun Law Firm, the client was able to secure decisive evidence, freeing herself from the suspicion of morbid jealousy and securing a favorable position in the suit on the merits as well.
Daeryun Law Firm has, from the initial consultation, specialized attorneys such as attorneys for lawsuits against the adulterous partner and divorce attorneys participate directly to confirm precisely what the client wants, and works diligently so that the client’s life after divorce may become happier.
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