CONTENTS
- 1. How the Client Came to the Gunsan Law Office
- - What Led the Client to the Law Office
- - Statutes Relevant to the Case Explained by the Gunsan Branch Office
- - Damages Suit Procedure Explained by the Gunsan Branch Office
- 2. The Gunsan Law Office's Assistance
- - Gunsan Branch Office Proves the Content of Conversations with the Defendant
- - Gunsan Branch Office Emphasizes the Defendant's Fraudulent Conduct
- 3. Full Recovery of the Loss Through the Gunsan Law Office's Assistance
- - If You Are Looking for the Gunsan Branch Office
1. How the Client Came to the Gunsan Law Office
The client had been defrauded and requested assistance from a Gunsan attorney to bring a damages suit against the other party. The Gunsan attorney worked together with attorneys nationwide to assist the client.
What Led the Client to the Law Office
The client met the defendant, an entertainment establishment worker, at a venue the client had visited with an acquaintance.
The defendant received money from the client, saying that a plan to start an internet broadcast required funds for cosmetic surgery.
After that, the defendant borrowed money on several occasions, making excuses related to the internet broadcast.
However, after borrowing the money, the defendant did not repay it.
The client pressed the defendant, but the defendant became unreachable.
Ultimately, the client realized that the defendant had committed deception and requested assistance from the Gunsan branch office to file a criminal complaint for fraud and a civil damages suit against the defendant.
Statutes Relevant to the Case Explained by the Gunsan Branch Office
The Gunsan attorney at the Gunsan law office explained the damages suit.
A damages suit proceeds separately from a criminal case, so it may proceed independently even if the criminal case results in acquittal.
Fraud refers to any crime of deceiving a person and, by exploiting the resulting mistaken intent, receiving the delivery of property or obtaining other pecuniary benefit.
-Article 347 of the Criminal Act (Fraud)
1) A person who deceives another and receives the delivery of property or obtains pecuniary benefit shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
2) The preceding paragraph shall apply to a person who, by the means described in the preceding paragraph, causes a third party to receive the delivery of property or to obtain pecuniary benefit.
-Article 598 of the Civil Act (Definition of Loan for Consumption)
A loan for consumption takes effect when one party agrees to transfer to the other party the ownership of money or other substitutes, and the other party agrees to return the same in kind, quality, and quantity.
-Article 390 of the Civil Act (Default and Damages)
If an obligor fails to perform in accordance with the substance of the obligation, the obligee may claim damages. However, this shall not apply where performance has become impossible without the obligor's intent or negligence.
-Article 393 of the Civil Act (Scope of Damages)
①Damages for default shall be limited to ordinary damages.
②Damages arising from special circumstances shall be compensable only where the obligor knew or could have known of such circumstances.
Damages Suit Procedure Explained by the Gunsan Branch Office
The Gunsan law office explained the 🔗damages suit procedure.
※ Damages Suit Procedure
1. Prepare the complaint, then submit it to the competent court
2. Submit documentary evidence and related materials / secure witness statements
3. Oral argument and judgment
※ Requirements for a Damages Suit
1. Whether actual loss has occurred
2. The causal relationship between the loss and the wrongdoer's conduct
3. Whether the defendant was at fault
*Because circumstances may vary by individual, if you would like a thorough review, you may consult a 🔗an attorney.
2. The Gunsan Law Office's Assistance
The Gunsan attorney, who reviewed the facts of the case at the Gunsan law office, made the following arguments.
Gunsan Branch Office Proves the Content of Conversations with the Defendant
To prove the harm suffered by the client, the Gunsan law office submitted records of conversations with the defendant as evidence.
It then calculated the amount of harm and proved its scope.
Gunsan Branch Office Emphasizes the Defendant's Fraudulent Conduct
The defendant deceived the client and thus took the money.
The Gunsan law office argued that, because the client had suffered financial loss, the client should be granted civil damages.
3. Full Recovery of the Loss Through the Gunsan Law Office's Assistance
The client, with the assistance of the Gunsan attorney, was able to recover the full amount of the loss.
If You Are Looking for the Gunsan Branch Office
At the Gunsan branch office, the firm assisted with a client's damages suit after fraud and recovered the loss.
The Gunsan attorney works together with attorneys located across all regions, deriving tailored solutions through in-person and real-time meetings.
If you are in a situation like the one above, you are welcome to request assistance at any time from a 🔗Gunsan attorney.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
