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Deals & Cases

Damages (general/other)

Corporate Litigation Lawyer Assistance Case | Damages Litigation of Approximately 50 Million Won, Dismissed

The client who sought out the corporate litigation attorney came to Daeryun to proceed with a damages lawsuit together with a specialized attorney who has handled numerous corporate litigation cases, and requested a thorough consultation.

CONTENTS
  • 1. The Client Who Sought a Corporate Litigation Lawyer
    • - The Client Against Whom Damages Litigation Was Filed
  • 2. Damages Litigation Explained by a Corporate Litigation Lawyer
    • - What Are the Laws Related to Damages Litigation?
    • - What Is the Extinctive Prescription for Damages Litigation?
  • 3. The Corporate Litigation Lawyer's Case Response Strategy
    • - Corporate Litigation Lawyer Assistance (1): The Plaintiff's Fault
    • - Corporate Litigation Lawyer Assistance (2): The Plaintiff's One-sided Claim
  • 4. Result of the Corporate Litigation Lawyer's Assistance: “Plaintiff's Claim Dismissed”
    • - If You Need the Assistance of a Damages Litigation Specialist

1. The Client Who Sought a Corporate Litigation Lawyer

Daeryun corporate litigation attorney corporate legal affairs assistance case

This is a case in which the client who came to the corporate litigation attorney was at risk after a damages lawsuit of approximately 50 million won was filed against them, but had the plaintiff's claim dismissed through the assistance of a corporate attorney.

The Client Against Whom Damages Litigation Was Filed

The story of the client who came to the corporate litigation attorney to request assistance is as follows.

The client is the representative director of Company A, which manufactures and supplies functional fabrics, and has supplied special fabrics to numerous clothing manufacturers.

One of them, Company B, is a business partner that has manufactured and sold sportswear using fabrics supplied by Company A.

Recently, however, Company B filed a 🔗claim for damages, asserting that the fabric had a quality defect and that it had suffered loss because problems arose in the finished products.

The client felt aggrieved at being sued even though there had been no defect in the production and delivery process.

Faced with an unexpected lawsuit, the client felt the need for a legal response and came to the corporate litigation attorney.

2. Damages Litigation Explained by a Corporate Litigation Lawyer

The client came to a corporate litigation attorney and requested assistance in order to have the plaintiff's claim dismissed.

The specialist attorney closely examined, together with the client, the circumstances of the case and the laws relating to the damages lawsuit.

What Are the Laws Related to Damages Litigation?

Where loss is caused to another person by an unlawful act, the actor bears the obligation to pay damages under tort liability.

Civil Act Article 750 (Definition of Tort)

A person who causes loss to another by an unlawful act, intentionally or negligently, shall be liable to compensate for the loss.

In addition, compensation may also be recognized for mental suffering, in the same manner as for property 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 suffering on another, shall be liable to compensate for loss other than property as well.

What Is the Extinctive Prescription for Damages Litigation?

A claim for damages is extinguished by law if not exercised within the extinctive prescription period, so it is important to strictly observe the prescription period.


Extinctive prescription of a claim for damages

3 years from the date of becoming aware of the harm and the perpetrator


10 years from the date the tort was committed

3. The Corporate Litigation Lawyer's Case Response Strategy

Daeryun corporate litigation attorney damages lawsuit favorable judgment case

The corporate litigation attorney established a meticulous strategy based on objective evidentiary materials.

To have the plaintiff's claim dismissed, the attorney made the following arguments.

Corporate Litigation Lawyer Assistance (1): The Plaintiff's Fault

The client had accurately stated the necessary information in accordance with the intended use of the fabric.

Nevertheless, the opposing party disregarded this and used the product for an entirely different purpose, and did not conduct a separate test.

Accordingly, the attorney emphasized that the cause of the problem lay not in the product itself but in the opposing party's improper use, and that the responsibility attributable to fault rested with the plaintiff.

Corporate Litigation Lawyer Assistance (2): The Plaintiff's One-sided Claim

The plaintiff is asserting only his own loss and has not presented any proof of the client's attributable fault.

This means that the plaintiff is shifting onto the client a problem that arose from his own negligence.

The attorney emphasized that, due to the plaintiff's malicious filing of the lawsuit, the client is currently suffering serious emotional distress.

4. Result of the Corporate Litigation Lawyer's Assistance: “Plaintiff's Claim Dismissed”

The court accepted the corporate litigation attorney's arguments and issued a decision that 'The plaintiff's claim is dismissed. The plaintiff shall bear the litigation costs.'

The client, who succeeded in having the plaintiff's claim dismissed, expressed deep gratitude for the systematic assistance of the corporate litigation attorney.

If You Need the Assistance of a Damages Litigation Specialist

Corporate damages litigation involves legally complex issues such as contractual relationships, the scope of liability, and causation, so professional legal interpretation and strategy development are crucial.

In particular, because a company's reputation and financial interests are directly at stake, it is important to minimize risk through the assistance of a 🔗corporate attorney.

Daeryun provides legal services across all aspects of corporate management, ranging from contract review and drafting, internal regulatory compliance, and 🔗corporate mergers and acquisitions advisory, to labor law and dispute resolution.

If you are facing difficulties with a corporate matter, please entrust your case to us through a corporate attorney 🔗legal consultation appointment.

기업소송변호사 조력 사례 | 약 5000만 원의 손해배상소송, 기각

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.

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