CONTENTS
- 1. Assault Damages | Case Background
- - Comparison of the Arguments of the Client and the Plaintiff
- - Case Timeline
- 2. Assault Damages | Case Analysis
- - Issues
- 3. Assault Damages | Substance of the Assistance
- 4. Assault Damages | The Plaintiff's Lawsuit Rejected for Lack of Evidence
1. Assault Damages | Case Background
In the lawsuit related to assault damages, the plaintiff argued that the plaintiff had been subjected to an 🔗indiscriminate assault by the client's child (the defendant), sustaining an injury requiring four weeks of treatment, and claimed damages.
However, the client's side expressed bewilderment that the plaintiff had belatedly brought the assault lawsuit in a situation where the plaintiff had already been paid 3 million won in settlement money and a covenant not to sue had been concluded.
In addition, the client raised questions about the reason for bringing the assault lawsuit, given that the plaintiff had already received about 60 million won in consolation payments from the labor welfare corporation, and the client had also paid about 9 million won to the labor welfare corporation as a reimbursement claim.
Comparison of the Arguments of the Client and the Plaintiff
The client's arguments | The plaintiff's arguments |
On the day of the incident, the plaintiff did not properly perform the duties of a manager | The plaintiff claimed that the client's child had repeatedly engaged in violent conduct inside the building |
Wanted a detailed explanation after the incident occurred | Claimed that the client's child had caused the plaintiff bodily injury requiring four weeks of treatment Demanded compensation for medical expenses and emotional distress |
Partially denied the assault and explained in detail all the facts relating to the circumstances of the incident | Claimed that the client's child had committed assault against the plaintiff and submitted CCTV footage capturing the assault at the time as evidence |
The client claimed that compensation for the harm had already been provided through a non-suit agreement and a consolation payment | The plaintiff demanded compensation for the bodily injury and emotional distress caused by the assault and filed a claim for damages |
The two parties' positions were sharply opposed.
Accordingly, the civil attorney of Daeryun Law Firm sought to organize the course of the case and grasp it accurately.
*What is a non-suit agreement?
An agreement between two parties under which one receives a certain sum and agrees not to file a lawsuit
Case Timeline
Timeline |
The client's child, not wanting to attend a supplementary class at the academy, climbed over the wall and encountered the plaintiff ↓ The client's child and his friends 🔗jointly assaulted the plaintiff, who was trying to stop them, causing an injury requiring four weeks of treatment ↓ The client's child denied the assault, but the assault was revealed through CCTV footage and he was criminally booked ↓ The plaintiff thereafter received consolation money exceeding about 60 million won from the labor welfare service and the client ↓ In addition, the client side reached a non-litigation agreement with the plaintiff and paid an additional 3 million won ↓ Two years later, the plaintiff abruptly filed a damages lawsuit for the assault ↓ The client immediately came to Daeryun Law Firm's civil attorney and requested assistance |
2. Assault Damages | Case Analysis
To defend against the assault damages lawsuit, the civil attorney identified the issues of the case and prepared content to firmly rebut the plaintiff's arguments.
Ultimately, a strategy aimed at ‘rejection’ was established.
Issues
A key issue was that, although the plaintiff had already received a certain amount (3 million won) through a non-litigation agreement, the plaintiff filed a damages lawsuit for the assault two years later.
The client side argued that filing a damages lawsuit at this point was improper.
The plaintiff had already received 60 million won in consolation money from the labor welfare service, and had also received about 9 million won in consolation money from the client.
The client side raised a question as to why a damages lawsuit had been filed in a situation where sufficient compensation had already been provided.
The plaintiff argued that the client's child, the defendant side, had committed assault and submitted CCTV footage as evidence.
However, the client side sought to prepare rebuttal materials regarding the additional assault claims raised by the plaintiff side beyond the CCTV footage.
Accordingly, it was necessary to explain the circumstances of the incident in order to deny any additional assault by the client's child.
3. Assault Damages | Substance of the Assistance
The civil attorney of Daeryun Law Firm, who reviewed the assault damages lawsuit, prepared the following systematic strategy.
Assistance | Content |
Proof of the facts | Analyzed the conflict situation between the client's child and the plaintiff and emphasized that there was no assault Rebutted the plaintiff's claims with CCTV footage |
Fact of the agreement not to sue and receipt of consolation payment | Emphasized that the plaintiff had already received a consolation payment, and that compensation had been made through an agreement not to sue An additional claim for damages is improper |
🔗assault civil lawsuit Issue regarding the timing of filing | Took issue with the fact that the lawsuit was filed after 2 years had passed and raised the issues of the statute of limitations and the timeliness of the lawsuit |
Presentation of evidence | Raised doubts about the interpretation of the CCTV footage and denied that the additional assault alleged by the plaintiff had occurred |
4. Assault Damages | The Plaintiff's Lawsuit Rejected for Lack of Evidence
Thanks to the attorney who handled the assault damages lawsuit, the plaintiff's claim was not recognized due to insufficient evidence even after the lawsuit was filed.
The civil attorney of Daeryun LLC defended the lawsuit based on a careful, step-by-step analysis of the plaintiff's arguments.
In the end, the court rendered a decision to dismiss the plaintiff's 🔗claim for damages lawsuit without a review of the merits, and the plaintiff obtained no result and received a rejection.
In this way, it can be disconcerting to suddenly be sued in a civil action when you thought all civil and criminal settlements had been concluded.
In such a case, you should receive the assistance of a legal expert and defend thoroughly so as to avoid loss.
🔗schedule a legal consultation to receive the assistance of a civil law specialist attorney at Daeryun LLC.
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.
