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πŸŽ₯ Secure Before Deletion! Successful Case of Obtaining a Court Order for Preservation of Evidence (Hotel CCTV)

General Civil, Divorce & Family Law | Evidence Preservation Granted

πŸŽ₯ Secure Before Deletion! Successful Case of Obtaining a Court Order for Preservation of Evidence (Hotel CCTV)
Table of Contents

1. Case Overview πŸ”

The applicant (client) had been married to their legal spouse for nearly 10 years, but recently experienced a sudden demand for divorce and suspicious behavior from the respondent (spouse). In the process, through receipts found in the spouse's clothes and vehicle black box footage, the applicant captured circumstances in which the spouse spent time with an unidentified woman at a hotel.

2. Attorney's Assistance and Reason for Application βš–οΈ

Since the spouse and the other woman were denying the affair, securing internal CCTV footage of the hotel was essential for clear proof. However, the hotel stated that it was difficult to provide the footage without a court order due to privacy concerns, and more importantly, the CCTV retention period was running out, putting the footage at risk of permanent deletion.

Accordingly, our firm promptly proceeded with an application for preservation of evidence pursuant to Article 375 of the Civil Procedure Act.

  • Custodian of Evidence: Hotel

  • Evidence to be Preserved: CCTV footage of the hotel entrance, lobby, elevators, hallways, and parking lot at specific dates and times

  • Facts to be Proven: Proof of the respondent and the unidentified woman entering and leaving the hotel together, and evidence of infidelity

3. Court's Judgment and Outcome πŸ”¨

The Incheon Family Court found the firm's application to be reasonable and immediately issued an order for preservation of evidence the day after the application was filed.

  • Order Details: The custodian of evidence shall submit the relevant footage to the court within 7 days from the date of receipt of the order.

  • Investigation Method: Submit the footage stored on a storage medium (USB, etc.) provided by the applicant's representative or in document form.

4. Success Points and Implications πŸ’‘

This case is significant in that it secured critical evidence of infidelity within the 'golden time' that was at risk of disappearing.

  • Promptness: CCTV has a very short retention period, and evidence can be lost with just a one-day difference, but this was prevented through rapid legal action.

  • Accuracy: Specifying the entry and exit times increased the likelihood of the court's approval.

If you are suffering from your spouse's infidelity, seek the help of an expert to prepare legal countermeasures before the evidence is deleted.