CONTENTS
- 1. The Client Who Came to the Anyang Law Office
- - What Brought the Client to Request the Anyang Law Office's Assistance?
- 2. The Dismissal Argument Established by the Anyang Law Office
- - The Anyang Law Office: The Key Point Is the Argument on 'Liability'
- - The Anyang Law Office Collects Objective Evidence to Determine Liability
- 3. With the Anyang Law Office's Assistance, 'All Claims Dismissed'
- - Why the Anyang Law Office Succeeded in Having the Claim Dismissed
1. The Client Who Came to the Anyang Law Office
The client who visited the Anyang Law Office was facing a lawsuit asserting a monetary claim of 40 million won.
To defend against the lawsuit, the client requested the assistance of the Daeryun Anyang Law Office.
What Brought the Client to Request the Anyang Law Office's Assistance?
The client operates an industrial machinery and equipment company located in Anyang.
The client manufactured and supplied a packaging machine requested by the plaintiff and received a manufacturing payment of 40 million won.
However, one month later, the plaintiff returned the packaging machine, claiming that it did not operate properly. The plaintiff then expressed an intention to rescind the contract for work on the ground that the packaging machine was defective and filed a lawsuit seeking the return of the manufacturing payment of 40 million won.
The client came to the Daeryun LLC Anyang Law Office to have that claim dismissed.
Relevant Statutes Explained by the Anyang Law Office
■ Civil Act Article 664 (Definition of Contract for Work)
A contract for work shall take effect when one party agrees to complete certain work and the other party agrees to pay remuneration for the result of that work.
■ Civil Act Article 667 (Warranty Liability of the Contractor)
(1) Where there is a defect in the completed object or in a completed portion before completion, the person ordering the work may demand that the contractor repair the defect within a reasonable period. However, this shall not apply where the defect is not material and the repair would require excessive cost.
(2) The person ordering the work may claim damages in lieu of, or together with, the repair of the defect.
(3) The provisions of Article 536 shall apply mutatis mutandis to the case under the preceding paragraph.
■ Civil Act Article 669 (Exemption Where the Defect Is Attributable to Materials Supplied or Instructions Given by the Person Ordering the Work)
The foregoing shall not apply where the defect in the object is attributable to the nature of the materials supplied by the person ordering the work or to the instructions of that person.
2. The Dismissal Argument Established by the Anyang Law Office
To defend against the monetary claim lawsuit, the Anyang Law Office examined the client's Anyang contract-for-work case thoroughly from the outset and prepared its argument by finding legal evidence.
The Anyang Law Office: The Key Point Is the Argument on 'Liability'
The Daeryun Anyang Law Office acknowledged the fact of the defect asserted by the plaintiff.
However, it argued that what mattered was not the existence of a defect but 'liability'.
This is because the packaging machine manufactured by the client was a machine produced in accordance with the plaintiff's design instructions.
That is, relying on Civil Act Article 669, the Daeryun Anyang Law Office emphasized that 'because the packaging machine in question was manufactured in accordance with the plaintiff's instructions, the contract for work cannot be rescinded on the ground of a defect'.
The Anyang Law Office Collects Objective Evidence to Determine Liability
Under Civil Act Article 669, an exemption may apply where a defect is attributable to the materials supplied or the instructions given by the person ordering the work.
In this Anyang case as well, because the design was made in accordance with the plaintiff's instructions, this could be asserted under Civil Act Article 669 as a ground for dismissing the monetary claim.
■ Facts Confirmed by the Anyang Law Office
1. The packaging machine in this case was manufactured based on the plaintiff's patent.
2. The client prepared the drawings in accordance with the plaintiff's instructions and obtained the plaintiff's confirmation.
3. The client also received and obtained confirmation of the plaintiff's instructions during the process of manufacturing the packaging machine in this case.
3. With the Anyang Law Office's Assistance, 'All Claims Dismissed'
As a result of the Anyang Law Office's assistance, the court dismissed the monetary claim filed by the plaintiff.
With the help of the Daeryun Anyang Law Office, the client was able to resolve the injustice he had faced.
Why the Anyang Law Office Succeeded in Having the Claim Dismissed
The outcome of a civil case such as a monetary claim depends on proving the causal relationship with respect to negligence.
Daeryun LLC handles all preparation on behalf of clients after consultation through a one-stop solution.
If you need legal assistance in a situation such as the above, please visit the Daeryun LLC Anyang Law Office, which provides a thorough argument dedicated to the client.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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