[Gangnam Divorce Attorney Win] Evidence Capturing the Scene of an Affair Preserved Through the Prompt Judgment of a Gangnam Divorce Attorney

2024.08.22정찬우

The client in this case, who came to Daeryun Law Firm to entrust the matter to a Gangnam divorce attorney, wished to pursue a divorce and claim for consolation money against her husband.

Through the prompt judgment of the Daeryun Law Firm Gangnam divorce attorney, the client preserved evidence capturing the scene of her husband's affair and secured an advantageous position in the divorce and claim for consolation money.

1. The Client Who Wished to Proceed With the Gangnam Divorce Attorney

The client in this case, who came to Daeryun Law Firm to pursue a divorce and claim for consolation money with a Gangnam divorce attorney, said she had recently learned that her husband was having an affair.

The client first wondered whether a divorce and claim for consolation money against her unfaithful husband would be possible, and the Daeryun Law Firm Gangnam divorce attorney advised that it would be possible if there were concrete evidence capable of proving the husband's affair.

The client, however, knew only some information, such as the workplace of the woman involved, and had no particular evidence.

The Daeryun Law Firm Gangnam divorce attorney first advised that she proceed with an application for preservation of evidence that would clearly capture the scene of the husband's affair.

Together with the Daeryun Law Firm Gangnam divorce attorney, the client decided to proceed with the application for preservation of evidence and to secure an advantageous position in the divorce and claim for consolation money against her husband.

The Statutes Relevant to the Case, Explained by the Daeryun Gangnam Divorce Attorney

Application for Preservation of Evidence

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

(1) Where there are circumstances making it difficult to use evidence unless it is preserved in advance, the prosecutor, the defendant, the suspect, or defense counsel may request a judge to conduct a seizure, search, inspection, examination of a witness, or expert appraisal, even before the first trial date.

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

(3) A request under paragraph (1) shall set forth the grounds in writing.

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

Divorce Due to an Affair

Article 840 (Grounds for Judicial Divorce) Either spouse may file a claim for divorce with the Family Court in any of the following cases.

1. Where the other spouse has committed an act of unchastity

Claim for Consolation Money

A claim for consolation money may be filed against both the spouse and the affair partner, regardless of whether divorce proceedings are underway.

A claim for consolation money is also possible where a spouse has an affair during divorce litigation or during an uncontested divorce.

In such cases, the amount of consolation money is generally set between 10 million won and 30 million won, depending on the duration and degree of the unfaithful conduct.

Calculation of Consolation Money

Supreme Court Decision 2003Meu2251, 2268, Jul. 9, 2004; Supreme Court Decision 87Meu55, 56, Oct. 28, 1987, among others

When consolation money is calculated, the amount is set by comprehensively considering several criteria. It is determined by taking into account not only the cause, but also the reasons for and degree leading to the divorce, the duration of the marriage, whether there are children and their ages, the parties' financial capacity and level of assets, their ages, and their occupations.

2. The Daeryun Gangnam Divorce Attorney Who Filed for Preservation of Evidence

The Daeryun Law Firm Gangnam divorce attorney provided careful assistance to the client in applying for the preservation of evidence.

While reviewing the client's card records, the Daeryun Law Firm Gangnam divorce attorney found a charge for delivery food among transactions the client had not made.

The client checked this charge right away and learned that, on this day, the delivery food had been delivered to a room at a motel.

Aware that motels do not retain CCTV footage for long, the Daeryun Law Firm Gangnam divorce attorney promptly filed an application for preservation of evidence with the court.

3. The Client Who Secured an Advantageous Position Through the Prompt Judgment of the Daeryun Gangnam Divorce Attorney

The court accepted the Daeryun Law Firm Gangnam divorce attorney's application for preservation of evidence and issued the following decision.

As a result of promptly applying for the preservation of evidence through the prompt judgment of the Daeryun Law Firm Gangnam divorce attorney, the client secured an advantageous position in the divorce and claim for consolation money to be brought against her husband.

Daeryun Law Firm pursues client-centered legal services that move forward together and look to the long term.

If you are in a situation similar to the one above, you may respond to your case accurately and promptly together with a Daeryun Law Firm Gangnam divorce attorney.

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