CONTENTS
- 1. The Client Who Requested Assistance with Damages for Tort
- - What Is a Damages Lawsuit?
- 2. The Assistance Provided for the Damages for Tort Litigation
- - Arguing That a Tort Was Established
- - Arguing That the Plaintiff Was Harmed by the Defendant's Deceit
- - Claiming Consolation Money for Mental Harm as Well
- 3. Result of the Assistance with Damages for Tort: The Full Claimed Amount Granted
1. The Client Who Requested Assistance with Damages for Tort
This is the account of a person who entrusted a tort damages lawsuit.
The client had paid the defendant approximately 200 million won in the name of investment funds, but it turned out that all of the investment introduced by the defendant was false, and the client had not been able to recover the large amount.
Accordingly, the client decided to file a damages lawsuit for the defendant's tort and requested the assistance of a damages specialist attorney.
What Is a Damages Lawsuit?
🔗A damages lawsuit is a civil suit seeking compensation for loss arising from nonperformance of an obligation or a tort caused by the other party's intent or negligence.
Representative types of damages are as follows.
1. Damages arising from nonperformance of a contract
Example: cases in which agreed terms are not honored in a construction contract, service contract, sales contract, or the like
Key issues: interpretation of the contract terms, grounds for delay or nonperformance of performance, and the existence of attributable fault
2. Damages arising from a tort
Example: cases in which harm is caused to another through an unlawful act such as assault, defamation, interference with business, or fraud
Key issues: illegality, intent or negligence, causation, and proof of the occurrence of loss
3. Traffic accident damages
Example: personal and property damage caused by a motor vehicle accident
Key issues: the ratio of fault, and calculation of the amount of loss such as treatment costs, residual disability, and mental harm
4. Damages for industrial and occupational accidents
Example: a worker's accident caused by the employer's negligence or inadequate safety measures
Key issues: whether the Occupational Safety and Health Act was violated, recognition as an occupational accident, and employer liability
5. Damages to a victim of a criminal offense
Example: cases in which a victim of a crime such as theft, a sex crime, or fraud seeks civil compensation from the perpetrator
Key issues: the linkage between the criminal judgment and civil liability, and a claim for consolation money for mental harm
6. A claim for consolation money against an affair partner
Example: cases in which mental harm is suffered as a result of an affair with a third party during the marriage
Key issues: the causation between the breakdown of the marriage and the act of the affair, and securing evidence
2. The Assistance Provided for the Damages for Tort Litigation
We undertook assistance for the tort damages lawsuit.
The important points in a tort damages lawsuit are as follows.
1. Proof of the fraudulent act (whether there was intent and deception)
It must be proven that the other party induced the money through lies even though, from the outset, the party had no intention or ability to perform with respect to the investment.
That is, what matters is that this was not a mere investment failure but ‘deception intended to defraud from the beginning’.
2. Occurrence of specific loss and calculation of the amount
It must be objectively organized what amount the victim actually lost.
3. Whether to proceed in parallel with a criminal complaint in the case
Civil cases involving investment fraud are often accompanied by a criminal complaint.
If guilt is confirmed in the criminal trial, it can work favorably in the civil lawsuit as well.
Arguing That a Tort Was Established
The defendant, although in reality having no investment purpose, repeatedly explained to the client matters contrary to the facts, stating that he would guarantee investment returns, and defrauded the client of money by pretending that an investment plan existed.
However, it was revealed that, in reality, no such business existed or there was no plan to carry it out.
The damages attorney argued that this was an intentional tort in which the defendant deceived another and defrauded that person of money, and emphasized the establishment of liability for damages.
Arguing That the Plaintiff Was Harmed by the Defendant's Deceit
Believing the defendant’s lies, the client transferred the funds.
However, it was confirmed that the defendant had used the money for private purposes beyond the investment purpose presented.
The attorney specializing in damages claims argued for liability for damages, emphasizing the fact that the client suffered financial harm, on the grounds that the defendant had provided false information so that the client could not make a sound judgment and had used the funds to repay personal debts and for entertainment expenses.
Claiming Consolation Money for Mental Harm as Well
In addition to mere financial loss, the client suffered a serious psychological shock as a result of the defendant's fraudulent conduct.
The attorney specializing in damages also claimed consolation money for the mental suffering that accompanied the substantial property loss.
3. Result of the Assistance with Damages for Tort: The Full Claimed Amount Granted
As a result of the tort damages lawsuit, the client was able to obtain a judgment ordering compensation for the entire claimed amount of 200 million won.
The court also ordered the defendant to bear the litigation costs.
A damages lawsuit arising from fraud harm, unlike an ordinary civil lawsuit, is a field that requires complex proof, examination of legal principles, and a strategic approach.
Daeryun LLC has specialist attorneys with extensive experience in damages lawsuits who provide the following legal services.
-Analysis of the fraud and establishment of a strategy to prove the deceptive act
-Lawsuit design including claims for the amount of loss and consolation money
-Conducting the criminal litigation together with the civil litigation
-Support for prior asset investigation and provisional attachment procedures
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