CONTENTS
- 1. Circumstances of the Case Handled by the Daejeon Law Firm
- 2. Laws Relevant to the Case, as Explained by the Daejeon Law Firm
- 3. Assistance the Daejeon Law Firm Provided to the Client
- - The Daejeon Law Firm's Assistance to the Client ① The Deceased's Sound Decision-Making
- - The Daejeon Law Firm's Assistance to the Client ② Police Non-Referral
- 4. The Result of the Daejeon Law Firm's Assistance to the Client
1. Circumstances of the Case Handled by the Daejeon Law Firm
The account of the client is as follows.
The client had a lifelong friend with whom he had been close for more than 40 years.
When the friend's health rapidly deteriorated some time ago, the client explained that he often visited him in the hospital and sometimes cared for him, and that they remained on good terms.
The friend then gave the client a large sum of money as thanks for their long and close friendship, and the client subsequently paid the gift tax on it.
However, after the friend's health worsened further and he passed away, his children brought a damages lawsuit, claiming that the client had defrauded the friend out of his assets and interfered with the inheritance.
The client tried to clear up the misunderstanding with the children, but when no settlement was reached, he came to the Daejeon law firm to obtain legal assistance.
2. Laws Relevant to the Case, as Explained by the Daejeon Law Firm
A 🔗damages lawsuit is one of the most common types of civil lawsuit, and as in the client's case, it can also be brought in matters relating to inheritance.
If you become involved in a damages lawsuit, the outcome may vary depending on whether actual loss occurred, how one was involved in that loss, and whether there was intent or negligence.
As in the client's case, if you are sued for damages over a matter relating to inheritance or a gift, it is important to prove whether there was any unjust or unlawful conduct in the course of the gift.
Unlike inheritance, a gift involves the deceased transferring property to another person without consideration before death, and there is a significant difference in that it can be made to a third party who is not a family member.
As in the client's case, if a gift of money is found to have interfered with the inheritance and to violate public order, the recipient may have to return the money, so caution is recommended.
If you become involved in a damages lawsuit relating to inheritance or a gift in this way, it is important to seek advice from an attorney experienced in such cases.
3. Assistance the Daejeon Law Firm Provided to the Client
The Daejeon law firm carefully gathered evidence from the time the client had received the gift from the deceased and argued as follows so that the client would not be unjustly held liable for damages.
The Daejeon Law Firm's Assistance to the Client ① The Deceased's Sound Decision-Making
The plaintiffs argued that the deceased had given the money to the client during his lifetime when his health had deteriorated and he was unable to make sound decisions, and that a gift made in a state of impaired judgment was void.
In fact, when the deceased gave the money to the client, he had received a normal score on the hospital's cognitive test.
The Daejeon law firm argued that, because the deceased's judgment had not been impaired, the gift made at that time could not be regarded as void either.
The Daejeon Law Firm's Assistance to the Client ② Police Non-Referral
The plaintiffs had also reported the client to the police on embezzlement charges, claiming that the client had embezzled the deceased's assets.
In response, the police issued a non-referral decision, finding that the client had not embezzled the deceased's assets.
The Daejeon law firm emphasized that the client had not faced any charges in the criminal case either, asking the court to take this into account in its judgment in the damages lawsuit.
4. The Result of the Daejeon Law Firm's Assistance to the Client
Accepting the Daejeon law firm's arguments, the court found that there was no reason to return the gifted money and dismissed all of the plaintiffs' claims and ordered the plaintiffs to bear the litigation costs.
This was a case in which the firm assisted a client who had been unfairly at risk of returning money that he had received as a gift without any problem, and won the case.
If you are sued for damages, you can obtain a favorable judgment by proving in detail how the loss arose and the extent of your involvement in it.
At Daeryun Law Firm, attorneys experienced in damages lawsuits across a wide range of fields, from small to large amounts, communicate directly with clients and respond to their cases.
If you are facing a similar concern, please obtain advice promptly through 🔗attorney referral.
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.
