[Ilsan Damages Attorney Success Case] Won the Case by Having the Plaintiff's Claim Dismissed in a Damages Lawsuit

The client who came to the Ilsan damages attorney had a claim for damages filed against him by the heir of his deceased younger brother.

After his divorce, the client's younger brother had been living in an officetel and then died suddenly.

The younger brother had a daughter with his ex-wife, and on behalf of the young niece, who could not be reached, the client received the lease deposit for the deceased younger brother's officetel.

The younger brother's ex-wife, who was raising the young niece alone, filed a claim for damages based on an unlawful act, alleging that the client had embezzled the lease deposit for her ex-husband's officetel.

■ Statutes related to the case under the Civil Act

▷ Article 750 (Definition of Tort)

A person who causes damage to another by an unlawful act, intentionally or negligently, shall be liable to compensate for such damage.

▷ Article 398 (Liquidated Damages)

(1) The parties may agree in advance on the amount of damages for nonperformance of an obligation.

(2) Where the agreed amount of liquidated damages is unreasonably excessive, the court may reduce it to a reasonable amount.

(3) An agreement on liquidated damages does not affect a demand for performance or the rescission of the contract.

(4) An agreement on a penalty is presumed to be an agreement on liquidated damages.

(5) The provisions of the preceding four paragraphs apply mutatis mutandis where the parties have agreed to satisfy the damages by means other than money.

The Ilsan damages attorney argued that the lease deposit for the younger brother's officetel had been used to settle his debts from before his death.

After his divorce, the younger brother suffered from depression, including alcohol dependence, and made several attempts to harm himself.

The only person the younger brother could rely on was the client, his older sister, and he had even shared his bank account password and other details with her, asking her to put things in order if anything happened to him.

The client maintained that she had spent the deposit solely on settling the debts of her younger brother, who had sadly passed away.

The Ilsan damages attorney argued that the client had no choice but to use the lease deposit for the younger brother's officetel to pay funeral expenses.

The client had with difficulty informed the ex-wife and the young niece of the younger brother's death, but they neither came to the funeral nor reached out separately.

Having to arrange her younger brother's funeral alone with no one to turn to for help, the client had no choice but to spend the younger brother's deposit on the funeral expenses.

The Ilsan damages attorney assisted with the overall procedure to defend the client's damages lawsuit.

On the ground that the client had used the lease deposit for the younger brother's officetel, the younger brother's ex-wife had filed a claim for damages against the client based on unlawful acts such as embezzlement.

With the assistance of the Ilsan damages attorney, the client won the damages lawsuit.

If you are facing concerns in a situation similar to the case above, you may visit Daeryun Law Firm at any time for a consultation.