The saga involving singer-actor Kim Hyun Joong and ex-girlfriend Ms. Choi concluded with the latter being fined 100 million.
According to Yonhap, the Supreme court ruled on November 12 that Kim’s counter-law suit is victorious.
In April 2015, Ms. Choi filed a lawsuit against Kim claiming 1.6 billion won and obliged media interviews at the same time.
At that time, Ms. Choi claimed in a lawsuit and interview that she was pregnant with Kim’s child in May 2014, but was beaten by him and miscarried.
Confronting Ms. Choi’s argument, Kim Hyun Joong submitted evidences and counterclaim as the scandal had seriously defamed his status.
Later on, Ms. Cho admitted that her pregnancy and miscarriage were not true. She was penalized with a five million fine thereafter. With this, Kim won the civil cases he countersued.
The 3rd Division of the Supreme Court (Head Judge Lee Dong-won and Supreme Court Justice Roh Tae-ak), who have heard both civil and criminal cases, conveyed their decisions citing precedent claims of Ms. Choi that she later denied.
The court judge said, “in light of the evidence shown in the lawsuit records, there is no fact that Choi miscarried due to Kim’s assault, so it is admitted that Choi’s argument is false.”
Further expounding, Ms. Choi’s claim of her pregnancy and later miscarriage cannot be disregarded. However, there was an oversight in neglecting necessary information in her claim.
Regarding the mixed results of civil and criminal cases, the judge explained how “the degree of proof and legal requirements required in civil and criminal cases are different.”
Additionally, the judge pointed out how illegal acts under civil law can be established only by negligence. In contrast, for a criminal punishment, there should be a proven intention.
Source/Photo: Yonhap | Henecia
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