CONTENTS
- 1. The Story of the Client Who Came to the Chuncheon Damages Attorney
- 2. Assistance Provided by Daeryun's Chuncheon Damages Attorney
- 3. Daeryun's Chuncheon Damages Attorney Prevails and Secures Preservation of Evidence
1. The Story of the Client Who Came to the Chuncheon Damages Attorney
The client in this case, who came to the Chuncheon damages attorney, had long been suffering because of her husband's affair.
The client came to suspect an affair because of her husband's frequent overnight absences and weekend outings, and not long after she began to suspect it, she learned of her husband's affair.
Because the client and her husband had a child, the client told her husband that she was aware of the affair and demanded that he stop the conduct.
Her husband, however, instead became angry and accused her of delusional jealousy, and the client decided to bring a claim for damages against the other woman in an effort to stop her husband's affair.
She had no clear evidence, however, so she requested help from the Daeryun Law Firm Chuncheon damages attorney.
The Daeryun Law Firm Chuncheon damages attorney decided, before bringing the claim for damages against the other woman, to locate evidence of the affair and secure it through an application for preservation of evidence, and then to proceed with the claim for damages.
Statutes Relevant to a Claim for Damages Against the Other Woman, Explained by the Chuncheon Damages Attorney
- Criminal Procedure Act Article 184 (Request for Preservation of Evidence and the Procedure Therefor)
(1) A prosecutor, the defendant, the suspect, or defense counsel may, where there are circumstances that would 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 evaluation, even before the first trial date.
(2) A judge who receives a request under the preceding paragraph has the same authority with respect to that disposition as a court or a presiding judge.
(3) A request under paragraph (1) shall set forth the grounds in writing.
(4) An appeal may be filed within 3 days against a decision dismissing a request under paragraph (1).
- Lawsuit Against the Other Woman
A lawsuit against the other woman is a lawsuit that holds the affair partner liable for consolation money, based on Supreme Court precedent that provides for damages for the infringement of the marital community of life, as set out below.
- Where a Third Party Is Responsible for the Breakdown of the Marriage
This may include cases in which the parents-in-law, the spouse's adulterous partner, or another third party unreasonably interferes with the marital life and causes the marriage to break down, or cases in which the parents-in-law subject a spouse to assault, abuse, or insult to a degree that makes continuing the marriage unduly harsh.
- Civil Act Article 751 (Compensation for Loss Other Than Property)
(1) A person who has injured the body, liberty, or reputation of another, or who has inflicted mental anguish on another, is liable to compensate for loss other than property as well.
(2) The court may order the compensation under the preceding paragraph to be paid as a periodic-payment obligation and may order the provision of reasonable security to ensure its performance.
- Points to Note in a Lawsuit Against the Other Woman
Where the marital community has broken down through discord and separation, the substance of the marital relationship no longer exists, and the relationship has reached a point that cannot objectively be restored, the other spouse cannot claim damages from a third party even if that third party had an affair with one of the spouses.
The following circumstances fall outside its scope.
► Cases in which the affair partner could not have known that one's spouse was married
► Cases in which the marital relationship had in fact already ended before the affair took place
2. Assistance Provided by Daeryun's Chuncheon Damages Attorney
Before proceeding with the case, the Daeryun Law Firm Chuncheon damages attorney formed a team of 3 to 20 experienced attorneys dedicated solely to the client's case and moved the matter forward.
Through the information gathered in a legal consultation with the client, the Daeryun Law Firm Chuncheon damages attorney learned that the client's husband had visited a hotel with the other woman.
The Daeryun Law Firm Chuncheon damages attorney promptly identified the name and location of the hotel, and together with the client filed with the court an application for preservation of evidence with respect to the CCTV footage of the hotel entrance.
3. Daeryun's Chuncheon Damages Attorney Prevails and Secures Preservation of Evidence
The court, accepting the application for preservation of evidence made by the Daeryun Law Firm Chuncheon damages attorney, issued the following decision.
“The holder of the evidence shall, within 7 days from the date of service of this decision, submit to this court the medium on which the video recordings listed in the attached schedule are stored.”
With the help of the Daeryun Law Firm Chuncheon damages attorney, the client secured evidence that would work in her favor in the claim for damages to be brought against the other woman, and she was also able to clear herself of the unfair accusation of delusional jealousy.
Daeryun Law Firm handles cases across all areas of practice, drawing on its attorneys and its experience in resolving matters.
Are you facing difficulties in a situation similar to the case above?
You are welcome to entrust your case to the Daeryun Law Firm Chuncheon damages attorney.
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