[Ansan Civil Litigation Attorney Favorable Judgment Case] A Client Who Won After Claiming Damages Against a Remodeling Company

The client who came to an Ansan civil litigation attorney had entered into a contract with the defendant's remodeling company for home construction.

Because the work had to be completed within the client's leave period, the client repeatedly asked the defendant to be sure to meet the construction deadline.

However, the work remained unfinished long past the construction deadline, and defects were found in numerous places, leaving the work in disarray.

On top of that, the defendant demanded approximately an additional 10 million won as extra costs.

The client therefore intended to find a new company to fix the unfinished portions and defects, and requested that the defendant terminate the contract.

However, the defendant continued to ignore the client's communications, and the client ultimately requested assistance from a civil litigation attorney at the Ansan office in order to claim damages.

■ Statutes Related to Damages Litigation

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 such loss.

Civil Act Article 766 (Extinctive Prescription of the Right to Claim Damages)

(1) The right to claim damages arising from a tort shall be extinguished by prescription if it is not exercised within 3 years from the date on which the victim or the victim's legal representative becomes aware of both the loss and the perpetrator.

(2) The same applies when 10 years have elapsed from the date on which the tort was committed.

The Ansan civil litigation attorney argued that the party who performed the construction in this case was the defendant, and that numerous defects arose in the work because of the defendant.

Because of the defects that arose from the defendant's performance of the work, the client must carry out repair work.

The attorney argued that, since repair construction costs are incurred in this process, the client suffered economic loss.

As a result, the attorney argued that loss arose to the client due to the defendant's performance of the work, and that, pursuant to Civil Act Article 750, the defendant must compensate the client for the loss.

The above case involved a client who came to an Ansan civil litigation attorney in order to claim damages against a defendant who had caused various losses, such as defects being found, even though a contract had been entered into for home construction.

If you are preparing for civil litigation, such as a claim for damages, as in the situation above, please consider entrusting your case to an Ansan civil litigation attorney at Daeryun Law Firm at any time.