Gunsan Attorney Success Case | Damages for a Reservation Software Error Recovered With a Gunsan Attorney's Assistance

The client, who runs a barbecue restaurant, had used a reservation and customer management program provided by Company A for about three years.

The program allowed customers to make reservations easily from their mobile phones and even to register for the waiting list.

If all reservations for a date selected by a customer were full, the system followed a notice reading ‘Please come to the store and request to be placed on the waiting list,’ under which the customer could use the restaurant after waiting on site.

In the meantime, sales at the client’s restaurant dropped by more than half compared with usual, and even at times when the number of reservations would typically rise, not a single reservation inquiry was made.

Sensing that something was wrong, the client made a reservation directly through the program together with the staff and found that all dates were marked as fully booked, making reservations impossible.

It turned out that a program error had occurred due to a mistake by the program company, and the client came to the attorney at Daeryun’s Gunsan office to claim damages for this.

🔗Damages refers to compensating for a loss caused to another by an unlawful act, so as to place the injured party in a position as if no loss had occurred.

There are five types of damages.

The statutes under which such damages may be claimed are as follows.

▣ Civil Act Article 750 (Definition of a Tort)

A person who causes loss to another by an unlawful act committed intentionally or negligently is liable to compensate for such loss.

▣ Civil Act Article 751 (Compensation for Non-property Damage)

A person who injures the body, liberty, or reputation of another, or who inflicts mental suffering on another, is liable to compensate for non-property damage as well.

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

① The right to claim damages arising from a tort is extinguished by prescription if it is not exercised within three years from the date on which the injured party or his or her legal representative becomes aware of the loss and the wrongdoer.

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

The client's average daily sales were approximately 15 million won.

However, due to this incident, the client was unable to take reservations for three days and sales decreased significantly, and they therefore argued that damages corresponding to this should be paid.

Because there are a great many competing dining establishments, the client's restaurant was in a situation where attracting customers and retaining regular customers were truly difficult and pressing concerns.

In this situation, however, because the client suffered a significant business loss, the mental harm he sustained is also considerable, and he asserted that consolation money for this should likewise be paid.

In order to pursue a claim for damages as the client above did, a person must accurately assess the scale of the harm suffered and claim consolation money commensurate with it, which is not an easy task without the help of a legal expert.

It is therefore advisable to receive a consultation with a specialized attorney and to prepare the lawsuit promptly.

The 🔗damages attorneys of Law Firm Daeryun do their utmost to assist clients in claiming consolation money with which they can be satisfied, so you are welcome to visit the Gunsan attorney at any time.