What elements must be proven when claiming tort damages?

Hello. I am an attorney specializing in civil matters at Daeryun Law LLC.

When a claim for tort damages is made, the court decides based on whether the requirements prescribed by law have been met.

Under Article 750 of the Civil Act, the key points are whether there was an unlawful act by the other party, whether that act involved intent or negligence, whether actual damage occurred, and whether a causal relationship exists between the act and the damage.

However, the part that plays a more important role in practice is with what evidence and to what level these requirements can be proven.

Personal assertions alone are insufficient, and objective materials are needed that allow even a third party to confirm the facts.

Text or messenger records, recordings, emails, contracts, financial transaction records, photographs or videos, and hospital medical certificates are evidence frequently used in tort damages cases.

In particular, materials that prove the damage and the causal relationship are important.

The materials must connect the flow showing that the damage occurred after the other party's act and that the damage arose because of that act.

For evidence, structure matters more than quantity, and it must be organized so as to support each element of proof.

In addition, all evidence must be collected through lawful means, and materials obtained unlawfully may instead work against you.

Daeryun Law LLC collaborates with its internal Evidence Investigation Center and Digital Forensics Center to analyze materials in accordance with lawful procedures and to systematically organize evidence to meet the level of proof required in tort damages cases.

If you are finding it difficult even to set the direction of proof, we recommend first receiving a review tailored to your case.