I want to defend against an assault damages lawsuit.

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A debtor who owes me money hasn't repaid me and recently transferred real estate held under their name to a family member's name. If they secretly dispose of their assets like this, do I lose any chance of getting my money back? I heard there's something called a creditor's revocation lawsuit — can this be used to recover that real estate? I'd like to know how it works, and what conditions and procedures are required.

assault damages

damages claim lawsuit

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作者: 김국일

Hello.

If you have already concluded a no-suit agreement with the victim and paid 30 million won in consolation money, in principle, it appears unjust to file an additional assault damages lawsuit for that case.

A no-suit agreement is an agreement not to file a lawsuit regarding a specific case in the future, and the Supreme Court has held that a no-suit agreement is valid when it is limited to a specific legal relationship within the scope of rights that the agreement parties can dispose of (Supreme Court ruling 98Da63988).

In this case as well, if it is judged that the agreement was made within the foreseeable scope, including all criminal and civil liability arising from your son's actions, the victim's side's damages claim lawsuit is highly likely to be dismissed.

If you think the compensation and liability issues have already been settled, the victim's side proceeding with a damages claim lawsuit may also be against the principle of good faith.

Even if the damages claim lawsuit proceeds, depending on the court's judgment, it may be rejected, dismissed, or accepted, so you must check through consultation with an assault damages lawsuit legal specialist.

Therefore, it is important to organize the necessary materials for the assault damages lawsuit (no-suit agreement, etc.) well and actively respond together with a specialist attorney.