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Preservation of evidence
Preservation of evidenceDecision

[Favorable Judgment by a Gangnam Divorce Attorney] Evidence of a Husband's Affair Secured With the Help of a Gangnam Divorce Attorney

The client, who came to a Gangnam divorce attorney, discovered the husband's infidelity and decided to file a suit for divorce and a claim for consolation money.

The following is the story of a client who, together with a Gangnam divorce attorney at Daeryun, filed an application for preservation of evidence and secured evidence for pursuing the suit on the merits.

1. The Client Who Needed the Help of a Gangnam Divorce Attorney

The client who truly needed the help of a Gangnam divorce attorney.

The client, who came to a Gangnam divorce attorney at Daeryun Law Firm, was running a store together with the husband.

One day, an employee who had authority to view the store's CCTV told the client that the relationship between the client's husband and a minor employee at the store seemed suspicious.

The client, who viewed the CCTV footage, strongly suspected an affair between the two, but because the client and the husband still had two young children, the client decided to trust the husband once more and try to keep the family together.

However, that trust was soon broken.

This time, the client's younger sibling witnessed the client's husband and the minor employee from the store entering a lodging establishment together.

As a result, the client became certain of the husband's infidelity and requested the help of a Gangnam divorce attorney at Daeryun Law Firm in order to pursue a divorce and a claim for consolation money.

Because the evidence could not be preserved if the lodging establishment's CCTV footage that would clearly prove the infidelity were deleted, the Gangnam divorce attorney at Daeryun Law Firm proposed first proceeding with an application for preservation of evidence regarding it.

Ahead of the suit on the merits, the client filed an application for preservation of evidence together with the Gangnam divorce attorney at Daeryun Law Firm.

Statutes Relevant to the Case, Reviewed With the Daeryun Gangnam Divorce Attorney

  • Criminal Procedure Act, Article 184 (Request for Preservation of Evidence and Its Procedure)

(1) A prosecutor, defendant, suspect, or defense counsel may, where there are circumstances making 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 appraisal even before the first trial date.

(2) A judge who receives the request under the preceding paragraph has the same authority as a court or a presiding judge with respect to that disposition.

(3) In making the request under paragraph (1), the grounds for it shall be substantiated in writing.

(4) An appeal against a decision dismissing the request under paragraph (1) may be filed within 3 days.

  • 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 the spouse has been subjected to grossly unfair treatment by the spouse or the spouse's lineal ascendants

4. Where one's own lineal ascendants have been subjected to grossly unfair treatment by the spouse

5. Where it has been unclear for 3 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

  • Lawsuit Against the Spouse's Affair Partner

◎ Where a Third Party Bears Responsibility for the Breakdown of the Marriage

This may include cases where a parent-in-law, a concubine, or a spouse's adultery partner unduly interferes in the marriage and causes it to break down, or cases where a person is subjected to assault, abuse, or insult by a parent-in-law to a degree that makes continuing the marriage unduly harsh.

▷ Supreme Court, Feb. 27, 2004, 2003Meu1890, among other rulings

◎ Points to Note in a Consolation Money Lawsuit Against the Affair Partner

Consolation money may be claimed from an affair partner who bears responsibility for the breakdown of the marriage, but the following cases fall outside that scope.

■ Where the affair partner could not have known that the client's spouse was married

■ Where the marital relationship had in substance already ended before the affair took place

2. The Application for Preservation of Evidence by the Gangnam Divorce Attorney at Daeryun Law Firm

The Daeryun Law Firm Gangnam divorce attorney, ahead of the application for preservation of evidence, formed a team of specialists, including 3 to 20 attorneys, to handle the client's case exclusively.

The Gangnam divorce attorney at Daeryun Law Firm then proceeded with the application for preservation of evidence together with that team.

Assistance Toward a Decision on the Application for Preservation of Evidence

The Gangnam divorce attorney at Daeryun Law Firm promptly reviewed the circumstances of the case and prepared arguments for the application for preservation of evidence in order to assert the grounds on which the application should be granted.

■ The client confirmed the circumstances of the husband's affair on several occasions through tips from people around her.

■ The client's younger sibling witnessed decisive evidence of the affair by the client's husband, but that evidence was set to be discarded after a certain period.

■ The client intended to pursue a divorce and a damages claim, and proving the infidelity of the client's husband was indispensable to pursuing that litigation.

Arguing as above before the court, the Gangnam divorce attorney at Daeryun Law Firm requested that the application for preservation of evidence be granted.

3. The Court Granted the Application for Preservation of Evidence, and the Client Secured Decisive Evidence

The court accepted all of the arguments of the Gangnam divorce attorney at Daeryun Law Firm and ruled, “The holder of the evidence shall submit to this court, within 7 days of being served with this decision, the storage medium containing the video recording described in the attached document,” thereby granting the application for preservation of evidence.

The Gangnam divorce attorney at Daeryun Law Firm and the client won and were able to secure decisive evidence favorable for the suit on the merits regarding the husband's affair.

Daeryun Law Firm provides a specialized evidence-collection service so that various civil and criminal issues, from an individual's family matters to a company's technology leak, can be resolved under the client's lead.

If you are in difficulty in a situation similar to the case above, you may entrust your case to a Gangnam divorce attorney at Daeryun Law Firm.

[강남이혼변호사 승소] 강남이혼변호사 도움으로 남편 외도 증거 확보

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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