CONTENTS
- 1. Suwon Attorney | Background of the Case
- 2. Suwon Attorney | Review of the Case
- 3. Suwon Attorney | Securing Evidence With the Help of Daeryun's Digital Forensics Center
- 4. Suwon Attorney | 40 Million Won in Damages Obtained With the Suwon Divorce Attorney's Assistance
1. Suwon Attorney | Background of the Case
The account of the Suwon client is as follows.
The Client's Account
The client was a homemaker who had kept her family together for more than 20 years, with her husband and four children.
Her husband's infidelity, however, brought the marriage to a breakdown and caused her severe emotional distress.
The client therefore decided to file a damages lawsuit against the adulterous partner.
Discovery of the Husband's Infidelity
The client happened to find messages exchanged with the adulterous partner on her husband's phone. The two had maintained an improper relationship for a long time and had flaunted their affection by staying in contact even during overseas trips.
In addition, the adulterous partner continued the relationship even though she knew the husband was married, and she carried on the infidelity under a careful plan, telling him not to contact her while he was with his wife.
The two ultimately committed serious acts of infidelity that brought about the breakdown of the marriage, including visiting a real estate agency to look for a home to live in together.
Filing a Damages Lawsuit Against the Adulterous Partner
The client suffered severe emotional distress because of the infidelity between her husband and the adulterous partner, and she reached a point where she could no longer maintain a normal married life.
The client therefore proceeded with a damages lawsuit against the adulterous partner with the assistance of the Suwon attorney.
2. Suwon Attorney | Review of the Case
The Suwon attorney reviewed this case and identified the issues in dispute.
The Issues in the Case
The central issues in this case were whether the adulterous partner continued the relationship despite knowing that the client's husband was married, and whether the marriage broke down as a result.
The conversation records on both the husband's phone and the adulterous partner's phone had been deleted, however, creating a difficult situation.
The Suwon attorney therefore advised proceeding with digital forensics with the help of Daeryun's Digital Forensics Center.
Advice on the Damages Lawsuit
Attorney, how were you able to obtain consolation money through the damages lawsuit against the adulterous partner?
A spouse's infidelity is a betrayal of the trust between a married couple and is a tort under Articles 750 and 751 of the Civil Act. Consolation money for the emotional distress could therefore be claimed as damages against the spouse or the affair partner.
Attorney, what is the most important thing when pursuing a damages lawsuit against the adulterous partner?
The attorney: It was directly proving the infidelity. Under the Civil Procedure Act, the burden of proof rests with the plaintiff, so the party filing the lawsuit must directly prove the infidelity. In practice, when a court assesses infidelity, it decides based on a comprehensive review of the content, frequency, and wording of the messages exchanged between the plaintiff's spouse and the affair partner. In particular, if a divorce lawsuit is not pursued at the same time, there can be a risk of losing the case because the client's emotional distress cannot be proven.
3. Suwon Attorney | Securing Evidence With the Help of Daeryun's Digital Forensics Center
What played the decisive role in this case was securing evidence of the affair using digital forensics techniques.
The Daeryun Law Firm Digital Forensics Center secured key evidence proving the improper relationship between the adulterous partner and the spouse through the recovery of phone messages, analysis of call records, and similar methods.
The adulterous partner's side denied the affair, stating that there had been no physical relationship, but submitting the message content and call records secured through the digital forensics analysis to the court made it possible to support the client's claims.
Because 🔗evidence in personal and family lawsuits is an important element that the plaintiff must establish directly, it is very important to submit evidence of the infidelity through a digital forensics process.
4. Suwon Attorney | 40 Million Won in Damages Obtained With the Suwon Divorce Attorney's Assistance
The Suwon attorney assisted the client and obtained a decision granting the full 40 million won in damages.
If digital forensics work is handled by a private vendor at a low price rather than through Daeryun's Digital Forensics Center, the recovery of materials usable in an actual legal dispute may not be carried out properly, and even if materials are found, analyzing them may impose double costs.
The Digital Forensics Center performs not only the recovery of deleted messages, data, and the like, but also the recovery and restoration of materials usable in lawsuits and other cases through formal procedures, as well as the submission of the corresponding analysis report, providing comprehensive assistance.
If you have such concerns, we recommend securing evidence through 🔗the Daeryun Law Firm Digital Forensics Center, which establishes response strategies for cases involving assault, infidelity, affairs, and related matters and conducts 🔗digital forensics analysis of call records, message records, and similar materials.
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.
