CONTENTS
- 1. The Background of the Incheon Damages Attorney's Case
- - The Account of the Incheon Damages Attorney's Client
- 2. Case-Related Information Explained by the Incheon Damages Attorney
- 3. The Incheon Damages Attorney's Assistance
- - The Incheon Damages Attorney's Defense | Weak Basis for Establishing Defamation
- - The Incheon Damages Attorney's Defense | Low Likelihood of Dissemination
- 4. The Result of the Incheon Damages Attorney's Assistance
1. The Background of the Incheon Damages Attorney's Case
The client had a damages action filed against him on the ground that he had committed defamation.
To obtain legal assistance, he sought out an attorney in Incheon with extensive experience in damages litigation.
The Account of the Incheon Damages Attorney's Client
The client had been married for more than 20 years.
The client explained that, from some time ago, her husband had behaved in ways that left her no choice but to suspect an affair, such as traveling alone with a woman under the pretext of a business trip and deleting his mobile phone conversation records.
Troubled by this, the client explained that she telephoned an acquaintance who knew both her husband and the woman, to confirm whether the two were in an extramarital relationship.
When the woman learned of this, she filed a damages action claiming that the client had defamed her, and in the first instance the defamation was recognized, resulting in a small amount of consolation money being paid.
The other party, however, appealed and claimed a large sum on the ground that the consolation money was too small, and so the client sought legal assistance from an Incheon damages attorney.
2. Case-Related Information Explained by the Incheon Damages Attorney
In the client's case, a 🔗damages action was brought against him by the alleged victim for defamation.
If such defamation is recognized in law, criminal and civil proceedings may be pursued together, so particular care is recommended.
In the client's case, monetary compensation in the nature of consolation money was demanded for the mental suffering the alleged victim experienced as a result of the defamatory act.
In this way, when civil litigation for defamation proceeds, whether the defamation is legally established, the presence of intent, the degree of harm, and any settlement may all combine to affect the judgment.
In particular, where defamation was based on false statements of fact or was carried out over a long period and repeatedly, the harm may be severe, so the consolation money may be increased, which calls for caution.
If a damages action for defamation has been brought against you, both criminal and civil law must be reviewed together, so it is important to receive help from an attorney with extensive experience in related cases.
3. The Incheon Damages Attorney's Assistance
After holding a thorough consultation with the client, the attorney gathered materials on the circumstances of the case and presented a defense as follows.
The Incheon Damages Attorney's Defense | Weak Basis for Establishing Defamation
In her call with the acquaintance, the client did not assert conclusively that the plaintiff had committed an affair. She merely asked whether there was an extramarital relationship with her husband.
The attorney emphasized that this call alone provided an insufficient basis to establish defamation.
The Incheon Damages Attorney's Defense | Low Likelihood of Dissemination
The person the client spoke with on the call knew both the plaintiff and the client well and was someone with whom their interests were deeply intertwined, so there was almost no risk of a rumor spreading.
The attorney argued that, even if defamation had occurred, the likelihood of dissemination was markedly low, so that almost no harm had arisen, and asked the court to take this into account.
4. The Result of the Incheon Damages Attorney's Assistance
The court accepted the attorney's defense and issued a judgment dismissing the plaintiff's appeal.
This was a case in which the client, who had faced a large damages claim for defamation, was successfully defended.
In this way, civil litigation relating to defamation involves complex procedures and a vast range of legal matters to examine, so it is important to receive help from an attorney with expertise in related cases.
Daeryun Law Firm has attorneys who review criminal and civil matters together and provide tailored strategies suited to each.
If you are troubled by a similar matter, we hope you will obtain prompt help through an 🔗attorney referral.
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