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Damages / Compensation for loss
Damages / Compensation for lossWinning the case (favorable judgment)

[Goyang Damages Attorney Favorable Judgment Case] Resolving the Client's Grievance and Winning the Case With the Assistance of the Goyang Damages Attorney

The client who came to the Goyang damages attorney had been subjected to a damages lawsuit on charges of verbal abuse and infringement of personality rights, and the client asked Daeryun for help in order to resolve the grievance through trial.

1. The Client Who Came to the Goyang Damages Attorney

The client who came to the Goyang damages attorney had been the subject of a complaint by the plaintiff, who claimed to have been subjected to public verbal abuse and threats, and the client maintained that this had been a legitimate process of raising an objection about a problem and appealed that the situation was unjust.

The Client's Story as Understood by the Goyang Damages Attorney

Ilsan Damages Attorney

The client's story, as understood by the Goyang damages attorney, was somewhat complex.

The client is an instructor working at a university. Upon seeing teaching assistant staff hired by the school using the instructors' waiting room during the exam period, the client mistakenly believed that students had entered and lodged an objection by telephone with the plaintiff, who was the person in charge.

After a call of about 20 minutes with the plaintiff, the client believed that a mutual compromise and agreement had been reached.

The plaintiff is said to have played the contents of this call for the head of the department and the persons in charge of the faculty to which the client belonged, reporting the situation.

Because of this matter, the client, who applied for reappointment as the instructor contract period was about to expire, received a decision of refusal and proceeded with a complaint against the plaintiff for ‘violation of the Protection of Communications Secrets Act and defamation.’

However, the plaintiff received a non-referral (no suspicion of crime) decision due to insufficient evidence.

The plaintiff, however, claimed that the client had subjected the plaintiff to verbal abuse and threats,

and, claiming that the anxiety of the plaintiff's child, who had been mentally unstable during the course of that litigation, had worsened, brought a damages lawsuit against the client.

The client therefore wished to receive the assistance of a Daeryun attorney in order to argue no liability in that lawsuit, so as to resolve the grievance and restore the damaged reputation.

Relevant Statutes Explained by a Goyang Damages Attorney

◎ Crime of Insult

Among the allegations the plaintiff raised against the client, the alleged “verbal abuse” does not constitute the crime of assault as defined in Article 260 of the Criminal Act.

However, physical striking is not the only form of assault, and when the other party uses abusive language or insults, a criminal complaint for the crime of insult may be filed if witnesses are present and a written statement can be obtained.

▣ Criminal Act Article 311 (Insult)

A person who publicly insults another shall be punished by imprisonment with or without labor for not more than one year or by a fine not exceeding 2 million won.

▣ Criminal Act Article 20 (Justifiable Act)

An act that is conducted in accordance with statutes or in the course of business, or any other act that does not violate generally accepted social norms, shall not be punished.

◎ Crime of Defamation

If the above process contains content capable of damaging the other party’s reputation, it may be punishable as the crime of defamation.

▣ Criminal Act Article 307 (Defamation)

(1) A person who defames another by publicly alleging facts shall be punished by imprisonment with or without labor for not more than two years or by a fine not exceeding 5 million won.

(2) A person who defames another by publicly alleging false facts shall be punished by imprisonment for not more than five years, suspension of qualifications for not more than ten years, or a fine not exceeding 10 million won.

◎ Damages Lawsuit

A party who has suffered emotional harm due to verbal abuse may file a claim for damages through a civil lawsuit.

If no settlement is reached between the victim and the offender, the victim may file for civil conciliation, a small-claims adjudication, or similar proceedings to claim medical expenses, consolation money, and related amounts.

▣ Civil Act Article 750 (Definition of Tort)

A person who causes harm to another through an unlawful act committed intentionally or negligently shall be liable to compensate for the resulting damage.

※ For a damages lawsuit, there are six elements that the plaintiff must prove.

(1) The existence of a harmful act

(2) The unlawfulness of the harmful act

(3) The offender’s intent or negligence

(4) The occurrence of harm to the victim

(5) A causal relationship between the harmful act and the occurrence of harm

(6) The offender’s capacity for liability (mental capacity)

2. Assistance Provided by the Goyang Damages Attorney

The Goyang damages attorney argued that the losses claimed by the plaintiff were not justified, and in order to resolve the client’s grievance, the attorney systematically analyzed and gathered the necessary materials and argued before the court as follows.

Goyang Damages Attorney’s Argument ① The Client Did Not Engage in Public Verbal Abuse

The plaintiff argued that the client shouted loudly and used abusive language during their first phone call.

However, the attorney argued that this occurred because the client mistakenly believed that people who appeared to be students were using the instructors’ room without permission and without wearing masks during a period of heightened sensitivity due to COVID-19, and voices were merely raised in the course of the client’s protest, and that the misunderstanding was cleared up during the call, which ended amicably.

This was proven by submitting, as evidence, the content of a phone call with the investigator who had conducted the inquiry at the time.

Goyang Damages Attorney’s Argument ② The Client Had No Connection to the Plaintiff’s Child’s Situation

The plaintiff argued that the child’s condition worsened severely because of the lawsuit the client had initially filed.

However, the attorney argued that because the plaintiff’s child had originally suffered from a chronic illness and had been receiving drug treatment, it was highly probable that the situation involving the plaintiff’s child arose from the worsening of that chronic illness, and that it had no connection whatsoever to the client.

Goyang Damages Attorney’s Argument ③ The Client Never Threatened Anyone

The plaintiff argued that the client threatened the plaintiff in order to restore the client’s reputation for reapplying to the instructor position, and that the client edited a recording of the phone call before submitting it.

However, the attorney argued that it had been objectively proven that the client had not altered the recording file in any way,

and that the client had merely sought to recover the harm the client had suffered, with no threat involved.

3. Result of the Goyang Damages Attorney’s Assistance: “Dismissal of the Plaintiff’s Claim for Compensation”

The plaintiff demanded approximately 36 million won in damages from the client, but the court accepted the Goyang damages attorney’s arguments and rendered a judgment stating, “The plaintiff’s claim is dismissed.”

If You Wish to Resolve a Complex Case Through a Goyang Damages Attorney

This case, in which the client requested assistance, was a somewhat complex one in terms of the trial process, because it spanned a considerable period across a total of three lawsuits and involved a large number of recordings and other items that had to be used as evidence.

However, a number of attorneys handling damages matters at Daeryun worked together to assist the client, and as a result, a favorable judgment was obtained.

Daeryun operates a Civil and Damages Group staffed by attorneys with experience handling a range of cases.

If you are facing difficulties in litigation in a case like the one above, you may consult a Goyang damages attorney about your matter at any time.

[일산손해배상변호사 승소 사례] 일산손해배상변호사 조력으로 의뢰인 억울함 풀고 승소

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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