Namyangju attorney consultation | Daeryun's Namyangju office obtains a full granting of a damages claim against an auto repair shop

The client visited an automobile repair shop because there was a defect in the ready-mixed concrete mixer truck he used for work.

After having the repairs done there and starting the engine again to operate the mixer truck, a warning appeared on the instrument panel indicating that there was no oil.

The client asked the repair shop whether oil might have leaked while the parts were being replaced, but he was told that there was sufficient oil.

Trusting that statement, he was driving on the road when the engine stalled and the steering wheel would not move, creating a situation that could easily have led to a traffic accident.

To identify the problem with the vehicle, he visited another repair shop, where he learned that the oil storage device had been damaged due to the repair shop's carelessness.

The client therefore sought to claim damages against that repair shop.

🔗A damages lawsuit is a lawsuit filed with the court to hold another civilly liable for loss suffered and to recover compensation for that loss, and it is the most common type of civil lawsuit.

The loss that is the subject of a damages lawsuit includes the following types.

• Loss arising from nonperformance of an obligation
• Loss arising from a tort
• Loss arising from negligence in the conclusion of a contract
• Loss arising from a traffic accident
• Loss arising from warranty liability issues
• Loss arising from a medical procedure
• Loss arising from an extramarital affair

Here, loss basically refers to pecuniary loss, but it also includes non-pecuniary loss such as mental suffering.

To proceed with a damages lawsuit, the following points must be considered.

✔ The existence of the defendant and of the facts giving rise to the damages

✔ Whether there is evidence capable of proving the damages

✔ Accurate calculation of the amount of damages

✔ Whether there is any negligence on the part of the plaintiff filing the lawsuit (under the principle of comparative negligence in damages lawsuits, if negligence on the part of the plaintiff is found, the amount of damages is reduced, or the likelihood that the claim will be dismissed increases.)

The client's vehicle stopped in the middle of the road and required towing. In addition, repair costs and the cost of purchasing additional parts were incurred at the repair shop afterward, and it was argued that these needed to be compensated.

The period from the day the client was unable to operate the mixer truck due to the repair shop's negligence until the day he could operate it again after a complete repair was 20 days.

Based on the client's average monthly income, it was argued that the amount corresponding to those 20 days should be made good.