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Deals & Cases

Damages (General)

Incheon Attorney | Full 30 Million Won Granted Despite the Affair Partner's Appeal

The client had been granted 30 million won in the original trial concerning damages against the affair partner, but the case was set for trial again following the appeal by the defendant (the female affair partner), and the client requested assistance.

CONTENTS
  • 1. Incheon Attorney | Background of the Case
    • - The Husband's Affair
    • - Pursuit of the Divorce and the Lawsuit Against the Spouse's Affair Partner
  • 2. Incheon Attorney | Review of the Case
    • - Analysis of the Defendant's Arguments
    • - Points at Issue
  • 3. Incheon Attorney | Rebutting the Defendant's False Claims
  • 4. Incheon Attorney | Full 30 Million Won Granted on Appeal as Well

1. Incheon Attorney | Background of the Case

The Incheon attorney reviewed the background in which the client came to pursue a claim for damages against the affair partner together with the divorce litigation.

The client suffered emotional shock and severe stress due to the husband's affair, and the family reached a breakdown.

In particular, the conduct of the defendant (the female affair partner) went beyond a mere affair and inflicted serious emotional harm, including directly insulting the client.

The Husband's Affair

The client's husband had maintained an inappropriate relationship with the defendant for about three years.

The two met at an athletic club, grew close as members of the same team while competing in various tournaments, and eventually developed an adulterous relationship.

In the meantime, the defendant, while intoxicated, personally called the client and made seriously insulting remarks such as "Your husband is mine" and "Why did you have a child if you were going to have a disabled one," and through this incident the client became certain of the spouse's affair.

As a result, the client decided to pursue a divorce together with a claim for damages against the affair partner.

Pursuit of the Divorce and the Lawsuit Against the Spouse's Affair Partner

The client suspected the spouse's affair but was concerned because there was no clear physical evidence.

The Incheon attorney therefore worked with Daeryun Law Firm's 🔗Evidence Investigation, Digital Forensics, and Security Group to help the client obtain evidence lawfully.

Daeryun Law Firm uses an optimal system to secure evidence of an affair for divorce litigation and lawsuits against an affair partner.

Through the recovery of mobile phone messages, analysis of call records, and similar methods, key evidence proving the inappropriate relationship between the defendant and the spouse was collected, and this was made available as clear evidence of the affair in court.

In particular, the evidence collected by legally valid means was recognized as having strong probative value at trial and became an important factor in leading the client to prevail.

2. Incheon Attorney | Review of the Case

The Incheon attorney closely analyzed the defendant's arguments and established a response strategy.

The defendant distorted the facts and made false claims in an attempt to obscure the essence of the case, but the Incheon attorney prepared clear counterarguments to this.

Analysis of the Defendant's Arguments

1. She did not know he was married.
The defendant claimed that she had not known from the start that the spouse was married. However, the call records and message logs analyzed by the digital forensics team showed that the defendant was aware of the spouse's marriage.

2. The amount of damages is excessive.
The defendant claimed that 30 million won in damages was excessive, but the defendant's conduct went beyond a mere affair and directly insulted the client. Moreover, considering the emotional shock and suffering the client endured because of the affair, the amount of damages was justified.

3. She did not insult the child.
The defendant claimed that she had never insulted the client's child, but the call recordings and message contents at the time revealed that the defendant had clearly made remarks demeaning the client's child.

Points at Issue

Attorney, how did this case need to be handled?

Incheon attorney: Yes, it was necessary to rebut the defendant's false claims and to adopt a strategy of proving the affair through clear evidence. In particular, by emphasizing the defendant's insulting remarks and the continuity of the relationship with the spouse, we ensured that the court could clearly recognize the defendant's malicious conduct.

Attorney, how was the evidence collected?

Incheon attorney: Yes, we secured the evidence in collaboration with Daeryun Law Firm's Digital Forensics and Evidence Investigation Group. Using various evidence-collection methods such as the recovery of mobile phone messages and analysis of call records, we were able to present decisive evidence at trial. The important point here is that only evidence collected lawfully can be used as evidence at trial.


3. Incheon Attorney | Rebutting the Defendant's False Claims

To rebut the defendant's false claims, the Incheon attorney submitted the police report records and call records as evidence.

There had been an occasion when the defendant and the spouse were arguing severely and the police were dispatched following a citizen's report.

The Incheon attorney confirmed that the defendant, to the officers dispatched at the time, had referred to the spouse as her "boyfriend" and made remarks to the effect of "Contact my boyfriend's wife."

In addition, the defendant, while intoxicated, personally called the client and made remarks such as "Your husband is mine," and through this it was proven that the defendant clearly recognized the spouse's marriage.

In particular, the attorney argued that the defendant had shown no remorse, having not apologized even once from the moment the complaint was filed up to the present and having maintained a shameless attitude throughout.

4. Incheon Attorney | Full 30 Million Won Granted on Appeal as Well

Daeryun Law Firm Incheon attorney lawsuit against affair partner appeal full 30 million won granted

Through the Incheon attorney's assistance, the client was granted 30 million won in the original trial, and on the appeal brought by the defendant the court upheld the original judgment as it stood.

The court that heard this case took into account, among other things, that the defendant had not apologized to the client even once and that the defendant had committed the affair while knowing the spouse was married, and it ruled that the defendant's appeal had no merit.

This case was a favorable result achieved through the cooperation of Daeryun Law Firm's 🔗Evidence Investigation, Digital Forensics, and Security Group.

If you are unable to obtain evidence of an affair and are considering a 🔗civil affair lawsuit, you may speak with an attorney through a 🔗legal consultation appointment.

We will help you secure decisive evidence of an affair by lawful means.

인천변호사 항소 승소

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.

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