CONTENTS
- 1. The Client Who Came to the Ulsan Attorney
- - How the Client Came to the Ulsan Attorney
- 2. The Statutes Relevant to the Case, Explained by the Ulsan Attorney
- 3. The Assistance Provided by the Ulsan Attorney
- - Ulsan Attorney Argues That the Client Is Under Severe Stress
- - Ulsan Attorney Argues That the Defendant Has an Obligation to Pay the Defrauded Money and Damages for Emotional Distress
- 4. The Court's Determination on the Ulsan Attorney's Arguments
- - If You Need the Assistance of an Ulsan Attorney
1. The Client Who Came to the Ulsan Attorney
The Ulsan attorney was approached by a client who requested assistance at the Ulsan office in order to respond legally to a defendant who had deceived him.
How the Client Came to the Ulsan Attorney
The client contacted the defendant, who was knowledgeable about generators, in order to install a solar power generator.
The defendant told the client that, through an acquaintance he knew well, the generator could be installed at a low price.
Believing what the defendant said, the client decided to have the generator installed through the defendant and handed the defendant approximately 35 million won.
However, the defendant had neither the intention nor the ability to install the generator even after receiving the client's money.
When the defendant, having received the money, gave no further word, the client tried repeatedly to contact him, but he had already changed his phone number.
In order to file a claim for damages against the defendant, who had deceived him and taken his money, the client came to the Ulsan attorney.
2. The Statutes Relevant to the Case, Explained by the Ulsan Attorney
Claim for Damages (Criminal Act)
Civil Act, Article 750 (Definition of Tort)
A person who causes loss to or inflicts injury on another by an unlawful act, intentionally or negligently, shall be liable to compensate for such loss.
Civil Act, Article 751 (Compensation for Loss Other Than Property)
(1) A person who has injured the body, liberty, or reputation of another, or inflicted any mental anguish on another, shall be liable to compensate for any loss other than property loss as well.
Civil Act, Article 752 (Damages for Emotional Distress for Injury to Life)
A person who has injured the life of another shall be liable to compensate for loss to the lineal ascendants, lineal descendants, and spouse of the victim, even in cases where no property loss has occurred.
Civil Act, Article 766 (Extinctive Prescription of the Right to Claim Damages)
(1) The right to claim damages for a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the victim or his legal representative becomes aware of such loss and of the identity of the person who caused it.
(2) The same shall apply where ten years have elapsed from the date on which the tort was committed.
Civil Act, Article 764 (Special Provision in Cases of Defamation)
With respect to a person who has defamed another, the court may, upon the request of the victim, order suitable measures for the restoration of reputation either in lieu of or together with compensation for damages.
3. The Assistance Provided by the Ulsan Attorney
The Ulsan attorney established a careful strategy for the damages lawsuit and made the following arguments.
Ulsan Attorney Argues That the Client Is Under Severe Stress
The attorney emphasized that, over the fact that he had been defrauded by the defendant, the client was under severe stress and that, due to symptoms such as social anxiety, normal daily life had become impossible for him.
Ulsan Attorney Argues That the Defendant Has an Obligation to Pay the Defrauded Money and Damages for Emotional Distress
The Ulsan attorney emphasized that the client, having been defrauded of a large sum of money, was in a state in which it was extremely difficult to carry on normal outside activities, and that, considering the amount of the defrauded money and the method of the offense, the defendant had an obligation to pay damages for emotional distress.
4. The Court's Determination on the Ulsan Attorney's Arguments
The court accepted the Ulsan attorney's arguments and rendered a judgment ordering that the defendant pay the plaintiff approximately 40 million won in damages.
If You Need the Assistance of an Ulsan Attorney
In order to obtain a 🔗favorable outcome in a damages lawsuit, more solid evidence is needed, so it is advantageous to receive the assistance of an attorney specializing in this area.
If, as in this case, you need the assistance of an attorney specializing in this area, please reach out to Daeryun Law Firm, which provides consultation and response throughout the year.
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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