Hello, I'm Attorney Seo Yuri, a legal advocate dedicated to protecting your rights to the fullest. 😊
In adultery lawsuits, one of the most common defenses raised by the opposing party is that "the evidence collection process was illegal, so it cannot be used as evidence." Today, I'd like to introduce a successful case where we neutralized this strategy and secured a ₩20,000,000 (KRW) award in damages.
📍 Case Overview
The client (plaintiff) discovered that their spouse was having an affair with a restaurant owner (defendant). The defendant broke their promise not to meet again and continued their deceitful behavior, including staying overnight with the spouse in their studio apartment and motels. As a result, the client obtained crucial evidence and filed a lawsuit.
🔍 Key Issue in this Case: "Illegally Obtained Evidence" Dispute
The defendant strongly challenged the circumstances of collecting some evidence, such as CCTV footage, during the lawsuit.
- Opposing Party's Argument: "The evidence submitted by the plaintiff was illegally obtained and therefore has no evidentiary value in civil court. Without this evidence, the affair cannot be proven."
💡 Expert's Strategic Response
To refute the defendant's argument, I presented the following legal grounds:
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Emphasis on the Specifics of Civil Litigation: Unlike criminal proceedings, the rule of excluding illegally obtained evidence does not apply directly in civil litigation, and the decision to admit evidence is at the discretion of the court.
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Proof of Legitimate Procedure: I proved that the secured CCTV footage, etc., was not simply illegally filmed but was secured through a legitimate legal procedure, namely the court's 'Application for Preservation of Evidence.'
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Comprehensive Recognition of Affair: Even without direct evidence of sexual intercourse, I strongly argued that motel stays and studio apartment visits alone constituted 'adultery' that violated the marital fidelity obligation.
👨⚖️ Court's Ruling (Key to Victory)
The court fully accepted our arguments.
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"The rule of excluding evidentiary value under criminal law does not apply directly in civil litigation, and there is no evidence to suggest that the evidence in question was illegally obtained."
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"The video secured through the Application for Preservation of Evidence is recognized as legitimate evidence."
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As a result, the defendant's affair was recognized, and a judgment was issued to pay ₩20,000,000 (KRW) in damages and default interest.
🛡️ Expert's Advice
When the opposing party tries to evade responsibility by questioning the procedure of evidence, the key to winning is to respond without panicking through lawful procedures (such as applying for preservation of evidence). 🤝
Even with solid evidence, you can be at a disadvantage if you get caught up in the opposing party's legal attacks. Prepare thoroughly with an expert from the initial stage to reclaim your valuable rights.