51/29-51-30 Village No. 4, Ban Suan Subdistrict, Mueang District, Chonburi Province
Examples of civil litigation This story follows from It used to be a case that made a lot of news. In the story, the royal wife tricks his mistress into slapping her. In fact, this is the story of creating a situation to release false news. hoping to demand money
Later, I, the man’s lawyer, Filed a lawsuit regarding child custody. With the plaintiff in this case, the lawsuit was described according to the facts that had been reported and there was evidence that
1. The plaintiff used to have one child and did not raise it himself. He gave it to his mother to care for and demanded money from the man.
2. The plaintiff has an dishonest career selling illegal cars.
3. The plaintiff has psychiatric symptoms and must take medicine regularly.
4. The plaintiff created a false story to slander the defendant on television.
This is to support the claim that the plaintiff’s side is not suitable to raise a minor child and my side is more suitable to raise a minor child. This is a normal part of the work of a lawyer.
It appears that in the case of the minor child, an agreement could be reached. They agreed to share the care and the man was willing to support all expenses for the minor child because the man loved his child very much.
Looks like it ended well. But they came back to sue each other again.
Later, when the compromise agreement was completed The woman turned out to be the plaintiff and filed a civil suit for infringement, demanding damages from the man.
Claiming that the man had violated the plaintiff illegally by saying or revealing messages that violated the truth. By suing and describing the lawsuit in the manner that
- The woman operates an illegal car trading business through Burma, which is close to her hometown.
- The woman had the habit of cheating on other men before meeting the man in this case. and the woman has the habit of creating an international incident to slander the man and the man’s family through television media.
- In the past, the woman had 1 child but never provided any support or attention. When the woman declared her love for another man until there was nothing left, then she would abandon the child for the man to raise his own child< /li>
- The woman does not sincerely love or care for the child, but only uses it as a tool to deceive money from the man and his family.
The woman claims that the filing of the complaint describes the said facts in the complaint. It is a dishonest act. It is a statement or correction of a widely spread news message that violates the truth and is damaging to the woman. Therefore sued for infringement, demanding damages in the amount of 2,000,000 baht.
Complaint in this case
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Relevant legal matters
Civil and Commercial Code
Section 420 Whoever intentionally or negligently Doing something against another person illegally causing damage to their life is fine. to the body, health, freedom, property or rights of any kind He said that the person who commits a violation must pay compensation for that purpose.
Section 421 The exercise of rights which only causes damage to another person is He said that it was illegal.
Section 423 Whoever says or spreads news that violates the truth It is good to damage the reputation or honor of another person. or is damaging to his means of earning or prosperity in some other way. That person must pay compensation to him for any damage caused by that. Even when he did not know that the message was not true. But if you should know
Whoever sends news that he does not know is untrue If oneself or the recipient of the information has a legitimate interest in the matter. He said that merely sending such information does not make that person liable for compensation.
Supreme Court Judgment Guidelines
Supreme Court judgment no. 2994/2015 Filing a lawsuit in the normal court is not a violation. Because it is an exercise of court rights that the law allows. Unless it is an act done in bad faith or a bullying lawsuit without expecting results, which is a normal part of exercising court rights.
The defendant sued the plaintiff in this case as the defendant in the previous case demanding repayment of debt for breach of contract for the sale and employment of goods. The facts as shown in the complaint in this case are not enough to be heard. The defendant sues the plaintiff in bad faith or sues without expecting results, which is a normal part of exercising court rights. Therefore, it cannot be considered that The plaintiff’s rights were challenged by the defendant under Section 55 of the Criminal Procedure Code.
Summary of legal matters
Filing of a lawsuit by a lawyer or litigant in a case Naturally, there must be a description of facts that will support one’s pleadings. If the description of the facts will be a statement or reveal a widespread news message that may cause damage to the opposing litigant. It is possible. Then it must happen regularly.
But if the lecture or the pleadings in that case are honest It is an exercise of rights as specified by law. It is not considered a violation. and it could not be held that the plaintiff’s legal rights were being challenged and therefore had no authority to sue for infringement against the defendant.
Defendant’s statement of defense
Based on the aforementioned facts and legal issues, I have filed an affidavit to defend the case as follows.
Example of testimony The defendant in this case
The defendant requests a denial of all charges filed against the plaintiff. and the defendant requests the following statements
Item 1. On August 28, 2020, the defendant sued the plaintiff. It is the black number case at Y.C.P./2020, the red number at Y.C.P./2020, which is true in the said case. This defendant and the plaintiff can be agreed upon and made a compromise agreement in court which the defendant sued the plaintiff In such cases, it is the defendant’s exercise of court rights that the law can allow him to do. and is an honest exercise of rights in accordance with the law.
The plaintiff claims that the defendant has accused the plaintiff with false statements and violates the truth.
1.1.“The defendant (plaintiff in this case) operates an illegal car trading business through Burma, which is close to the defendant’s hometown.”
From the above message, it is a message that the defendant did not just make the claim. The defendant made the claim because the defendant was a former lover of the plaintiff. learned from the plaintiff himself Details appear in the photocopy via the LINE application, document attached to affidavit number 1. and what the defendant alleges in the complaint It is an honest exercise of rights. For the benefit of litigation.
1.2.“The defendant (the plaintiff in this case) had the habit of cheating on other men before meeting the plaintiff (the defendant in this case), and the defendant had the habit of creating a false story. to slander the plaintiff and the plaintiff’s family through television media.”
From the said message, the defendant’s claim is true and the defendant made the claim in good faith for the benefit of the defendant’s own case. It was not intended to cause the plaintiff any damage.
1.3 “In the past, the defendant (plaintiff in this case) had 1 child, but the defendant did not provide any support or interest. When the defendant strips other men until there is nothing left, the defendant abandons the man to raise his own children. and the defendant did not sincerely love or care for the child only relying on it as a tool to deceive money from the plaintiff and the plaintiff’s family only and the defendant had psychiatric symptoms and had to take medication to alleviate psychiatric illnesses Not having the ability and patience to raise children.”
From the above message, it is the message that the defendant claims, it is true. and it is a claim made in good faith to benefit the defendant’s own case. It was not intended to cause the plaintiff any damage.
Item 2. The defendant’s actions mentioned in Items 1.1-1.3, the defendant only alleges events that actually happened to the defendant. It is a reason along with the complaint in the previous case. To expect results which are normal for the exercise of judicial rights only. and the defendant made the claim to benefit the defendant’s case It was not intended to cause the plaintiff any damage.
Therefore, the defendant sued the plaintiff in the previous case. Therefore, it is an exercise of court rights that the law allows. and is an honest exercise of court rights It is not bullying in order to achieve results beyond the ordinary course of exercising judicial rights. However, the plaintiff has no right to claim damages in this case. This is in accordance with the Supreme Court judgment number 2994/2015.
Item 3. Moreover, in the case where the defendant sues the plaintiff in this case It is a case with black number No. Y.C.P…./2020, red number No. Y.C.P.…./2020, defendant and plaintiff. has already made a compromise agreement with the court Both sides are not interested in demanding anything. to each other arising from the aforementioned case. Therefore, the plaintiff has no right to sue for damages from the defendant in this case.
Point 4. The plaintiff’s damages are unreasonably high and not based on reality.
Item 5. For the reasons as stated, the defendant submitted his complaint to the respected court above. I request the respected court to please dismiss all charges against the defendant. and have the plaintiff compensate the fee and attorney’s fees at a high rate on behalf of the defendant. Next
You should or shouldn’t, it’s up to you.
Signed Defendant’s attorney
This affidavit is by Mr. Ekasit Srisang, the defendant’s lawyer. He is the typer and typer.
Signed Typewriter
Case summary
This case went to the first hearing process. When the court has examined the complaint and testimony considered that the case was sufficient for diagnosis Therefore, the examination of witnesses was suspended. and prepare to make a judgment that day The court pointed out the issue that The defendant’s actions were not a violation. In addition, a compromise agreement has been made with the court. The plaintiff has no right to sue in this case.
During the court’s writing of the verdict It appears that the plaintiff agreed to withdraw the lawsuit. Because otherwise, court fees will be paid for free. Even from my side, I have no objection. The case ended on the first court date.
รายงานกระบวนพิจารณา
Illustrations obtained from examples of civil litigation. This story
Narrating a lawsuit or describing pleadings in a case by a lawyer that was done in good faith Act according to the facts you have received. will receive protection It is not considered a violation according to the Civil and Commercial Code, Sections 420,421,422.
Therefore, if we perform our duties honestly Do it according to the facts and evidence that has been received and true. Although the words in the pleadings may be harsh Or it is a statement that affects the opposing party, which is a normal part of work. It is not considered a violation in any way.
