[Busan Damages Attorney Favorable Outcome] Busan Damages Attorney Succeeds in a Claim for 54 Million Won in Damages

The client who sought a Busan damages attorney is the owner of a vessel in this case.

The client and the defendant drew up a vessel sale agreement with a purchase price of 1.8 billion won.

On the ground of the defendant's nonperformance of an obligation, the contract was rescinded.

At the time the sale agreement was drawn up, the parties agreed that a penalty of 50 million won would be paid to the client if the contract was broken due to reasons attributable to the defendant; however,

the defendant claimed that the cause of the contract being broken lay with the client and that he had no obligation to pay the penalty.

The client requested the assistance of a Busan damages attorney in order to proceed with a damages lawsuit together with an attorney specializing in this area.

Laws Relating to Nonperformance of an Obligation and Damages

Civil Act Article 390 (Nonperformance and Damages)

If an obligor fails to perform in accordance with the content of the obligation, the obligee may claim damages. This does not apply, however, where the performance has become impossible without the obligor's intent or negligence.

In the absence of any other declaration of intent, damages shall be compensated in money.

If an obligor delays performance of an obligation, and the obligee, having fixed a reasonable period and demanded performance, does not receive performance within that period, or if performance after the delay is of no benefit to the obligee, the obligee may refuse to accept performance and claim compensation for damages in lieu of performance.

The Busan damages attorney emphasized that the contract in this case was terminated because the defendant failed to perform the obligation to establish a provisional registration in lieu of the down payment,

and that the cause of the breach of the contract lay not with the client but with the defendant.

Through a transcript of a recording, the Busan damages attorney emphasized that the defendant had called an employee of the plaintiff and raised an objection regarding the interest portion of the contract,

and that the defendant, stating that he could no longer proceed with the contract, unilaterally terminated the contract.

The Busan damages attorney emphasized that, in the case of the sale of the vessel at issue, once the client and the defendant concluded the sales contract and the contract was thereby established, as a general principle one party cannot rescind it.

In the case above, the client, with the assistance of the Busan damages attorney, obtained an award of 54 million won in damages.

At Daeryun, an attorney specializing in this field participates from the consultation stage, accurately assessing the client's case, clearly identifying the issues, and systematically developing solutions.

We aim to provide client-centered legal services that place the client's interests first.

If you wish to pursue litigation with the assistance of an attorney specializing in this field, as in this case, you are welcome to contact a Busan damages attorney.