CONTENTS
- 1. The Client Who Requested Assistance from a Busan Damages Attorney

- - The Case Account Told by the Busan Damages Attorney
- 2. Laws Relevant to the Case Explained by the Busan Damages Attorney

- 3. Assistance Provided by the Busan Damages Attorney

- - First Point of Assistance by the Busan Damages Attorney
- - Second Point of Assistance by the Busan Damages Attorney
- - Third Point of Assistance by the Busan Damages Attorney
- 4. The Court's Decision on the Busan Damages Attorney's Arguments

- - If You Need the Assistance of a Busan Damages Attorney
1. The Client Who Requested Assistance from a Busan Damages Attorney

The client who sought a Busan damages attorney suffered significant loss due to the defendant's nonperformance of an obligation.
The client and the defendant had agreed that, in the event the contract was terminated due to nonperformance, a penalty of 50 million won would be paid.
The defendant claimed that the contract had been broken due to reasons attributable to the client and was not paying the penalty.
In response, the client sought a Busan damages attorney in order to receive the assistance of an attorney specializing in this area and to claim damages from the defendant.
The Case Account Told by the Busan Damages Attorney
The client who sought a Busan damages attorney is the owner of a vessel in this case.
The client and the defendant drew up a vessel sale agreement with a purchase price of 1.8 billion won.
On the ground of the defendant's nonperformance of an obligation, the contract was rescinded.
At the time the sale agreement was drawn up, the parties agreed that a penalty of 50 million won would be paid to the client if the contract was broken due to reasons attributable to the defendant; however,
the defendant claimed that the cause of the contract being broken lay with the client and that he had no obligation to pay the penalty.
The client requested the assistance of a Busan damages attorney in order to proceed with a damages lawsuit together with an attorney specializing in this area.
2. Laws Relevant to the Case Explained by the Busan Damages Attorney

When loss arises due to an obligor's nonperformance of an obligation, how should we respond?
Let us review the laws relating to nonperformance of an obligation and damages.
Laws Relating to Nonperformance of an Obligation and Damages
Laws Relating to Nonperformance of an Obligation and Damages
Civil Act Article 390 (Nonperformance and Damages)
If an obligor fails to perform in accordance with the content of the obligation, the obligee may claim damages. This does not apply, however, where the performance has become impossible without the obligor's intent or negligence.
Article 393 (Scope of Damages)
(1) Damages for nonperformance are limited to ordinary damages.
(2) The obligor is liable for damages arising from special circumstances only where the obligor knew or could have known of such circumstances.
Article 394 (Method of Compensation for Damages)
In the absence of any other declaration of intent, damages shall be compensated in money.
Article 395 (Default in Performance and Compensation in Lieu of Performance)
If an obligor delays performance of an obligation, and the obligee, having fixed a reasonable period and demanded performance, does not receive performance within that period, or if performance after the delay is of no benefit to the obligee, the obligee may refuse to accept performance and claim compensation for damages in lieu of performance.
3. Assistance Provided by the Busan Damages Attorney

In the client's damages case, the Busan damages attorney conducted close consultations with the client and analyzed the case together with the client.
In order to prove that the client was not at fault for the breach of the contract, the attorney emphasized the following facts.
First Point of Assistance by the Busan Damages Attorney
The Busan damages attorney emphasized that the contract in this case was terminated because the defendant failed to perform the obligation to establish a provisional registration in lieu of the down payment,
and that the cause of the breach of the contract lay not with the client but with the defendant.
Second Point of Assistance by the Busan Damages Attorney
Through a transcript of a recording, the Busan damages attorney emphasized that the defendant had called an employee of the plaintiff and raised an objection regarding the interest portion of the contract,
and that the defendant, stating that he could no longer proceed with the contract, unilaterally terminated the contract.
Third Point of Assistance by the Busan Damages Attorney
The Busan damages attorney emphasized that, in the case of the sale of the vessel at issue, once the client and the defendant concluded the sales contract and the contract was thereby established, as a general principle one party cannot rescind it.
4. The Court's Decision on the Busan Damages Attorney's Arguments
The court accepted the arguments of the Busan damages attorney and ruled, “The defendant shall pay the plaintiff 54 million won.”
If You Need the Assistance of a Busan Damages Attorney
In the case above, the client, with the assistance of the Busan damages attorney, obtained an award of 54 million won in damages.
At Daeryun, an attorney specializing in this field participates from the consultation stage, accurately assessing the client's case, clearly identifying the issues, and systematically developing solutions.
We aim to provide client-centered legal services that place the client's interests first.
If you wish to pursue litigation with the assistance of an attorney specializing in this field, as in this case, you are welcome to contact a Busan damages attorney.
![부산손해배상변호사 [부산손해배상변호사 승소] 부산손해배상변호사, 5400만 원 손해배상금 청구 성공](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240701072523393.webp&w=828&q=100)
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