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Reimbursement (indemnity) claim
Reimbursement (indemnity) claimWinning the case (favorable judgment)

Case Handled Through a Gwangju Attorney Consultation | Through a Gwangju Attorney Consultation, Successfully Obtaining a Grant of 70% of a Corporate Client's Reimbursement Claim

The client who requested a Gwangju attorney consultation was the representative of Company C, which had filed a reimbursement claim against a fire-safety facility company in order to recover the damages it had paid to a victim. With Daeryun's assistance, the client was able to have 70% of the claimed amount granted.

1. What Was the Account of the Client Who Came for a Gwangju Attorney Consultation?

The client who sought, through a Gwangju attorney consultation, to pursue a reimbursement claim regarding a joint tort was the representative of Company C, and a customer who visited the company had an accident, leading to a claim for damages.

Having paid the victim approximately 14 million won, the client determined that the company that had concluded the fire-safety facility construction contract at the time of the company's facility work also bore joint liability, and accordingly sought to pursue a reimbursement claim.

The Circumstances at the Time of the Incident for the Client Who Came for a Gwangju Attorney Consultation

Gwangju Attorney Consultation

The circumstances at the time the client sought Daeryun's assistance are as follows.

A customer who visited Company C, of which the client is the representative, mistook the company's emergency-exit steel door for a restroom door, opened it, walked out, and fell from the building to the ground.

Because it was a low floor, the customer did not suffer serious harm, but a claim for damages was filed, and the client came to pay approximately 14 million won.

Accordingly, the client believed that the company that had concluded the fire-safety facility construction contract at the time of the company's facility work bore liability for defects in the installation and maintenance of the fall-prevention facilities, and sought to make a reimbursement claim.

While searching through several law firms from which to seek legal assistance, the client visited Daeryun, which has organizational capacity and specialized expertise.

Statutes Relating to a Reimbursement Claim, Explained in a Gwangju Attorney Consultation

What Is a Reimbursement Claim?

The right of reimbursement, which allows a party to bring a reimbursement claim lawsuit, refers to the right of a person who has paid a debt on behalf of another to seek repayment from the party who actually owes the debt, in place of the creditor.

As in the case of the client above, a person may claim a portion of the damages paid from another party found to share joint responsibility for the victim's loss.

However, in order to file a reimbursement claim lawsuit, the defendant who lost the damages lawsuit must pay the plaintiff the full amount of the consolation money and delay damages set out in the judgment.

※ The extinctive prescription for a reimbursement claim is 10 years by law, and if the right is not exercised within that period, the right itself may be extinguished.

■ Articles 756 and 760 of the Civil Act

A person who employs another to engage in a certain task is liable to compensate for damage that the employee causes to a third party in the course of performing that task, and when several persons jointly cause damage to another by a tort, they are jointly liable to compensate for that damage.

2. Assistance for the Client's Reimbursement Claim Lawsuit Following a Gwangju Attorney Consultation

Daeryun provided assistance with the aim of having as much of the amount claimed by the client granted as possible.

In a reimbursement claim lawsuit, it is important to clearly explain the fault alleged to lie with the opposing party, and so Daeryun made the following arguments.

Gwangju Attorney Consultation ① Regarding the 'Occurrence' of the Joint Tort

When the client was sued by the victim for damages, the court held that 'the emergency exit in this case had a defect in its installation and maintenance, in that it did not fully provide the fall-prevention facilities required by statute, and therefore the plaintiff in this matter (the client), as its possessor, is liable to compensate the victim for the damage caused by this accident.'

The fundamental reason the victim was harmed in this case was the absence of fall-prevention facilities at the emergency exit.

Under the firefighting facility construction contract, the client had entrusted the defendant with the complete installation of that facility and the issuance of the certificate, and the client operated its business in the building in reliance on the defendant.

Accordingly, it was argued that the cause of the defect in the installation and maintenance of the fall-prevention facilities, which constitute a safety facility under the firefighting facility construction contract, lies with the defendant, and that therefore the defendant is likewise a joint tortfeasor with respect to the victim.

Gwangju Attorney Consultation ② Regarding the 'Scope of Liability' for the Joint Tort

The client, as a non-specialist in firefighting facilities and the like, had no choice but to fully trust the defendant, who was a specialist and the operator of a firefighting facility company, and to believe that the safety facilities of the premises were fully in place.

It was therefore argued that the fault ratio should be assessed taking into account that the responsibility for the absence of fall-prevention facilities at these premises lies for the most part with the defendant.

3. After a Gwangju Attorney Consultation, the Client Had Over 70% of the Claimed Amount Granted Through the Reimbursement Claim Lawsuit

With Daeryun's assistance, the client argued that the firefighting facility company also bore fault, and as a result, through the reimbursement claim lawsuit the client had more than 70% of the claimed amount granted and was able to recover half of the consolation money paid to the victim.

Because the Procedure for a Reimbursement Claim Lawsuit Is Demanding

A reimbursement claim lawsuit can proceed only after the client has already been sued by the victim for damages and the like and has paid consolation money, which means the client will already have suffered a significant financial impact.

It can therefore be difficult to find an appropriate response while feeling overwhelmed, so it is advisable to discuss your situation through a consultation with an attorney specializing in this area and to prepare a reimbursement claim lawsuit.

The Corporate Legal Affairs Group of Daeryun Law Firm brings together a team of corporate legal advisory attorneys that includes specialists in particular fields, such as certified public accountants, tax accountants, patent attorneys, and labor attorneys, and it provides one-stop legal services covering legal advisory and corporate litigation.

If you need assistance with a related matter, you are welcome to contact Daeryun Law Firm at any time.

광주변호사상담 조력 사례 | 광주변호사상담으로 구상금 청구 소송 진행, 청구액 80% 인용

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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