Deals & Cases

Claim for Damages and Restitution Following Rescission of Engagement
Claim for Damages and Restitution Following Rescission of EngagementFavorable Judgment

Cheonan Civil Litigation Attorney | Defending a Defendant Sued by a Former Partner and Obtaining Dismissal of the Claim

A Cheonan civil litigation attorney defended a client who had been sued by a former partner. The Cheonan civil litigation attorney obtained a judgment dismissing the plaintiff's claim.

1. The Client's Situation

The client explained that they had been sued by a former partner and was at risk of having to pay consolation money.

The complaint the client received contained a demand to pay about 150 million won in consolation money and other amounts for the following reasons.

The client's former partner claimed to have promised marriage with the client, provided financial support, and lived together as if married.

However, the former partner stated that the client suddenly began to seem to be avoiding contact, contact was then cut off, and the client married someone else.

The former partner argued that, having regarded the client as a prospective spouse and having done everything possible, the former partner was severely shocked when this situation arose and should receive consolation money for the mental harm.

The former partner stated that they had seriously discussed the marriage and its timing with the client's family and had completed the meeting between the two families.

Accordingly, the former partner stated that an agreement to enter into marriage had been formed between the former partner and the client, and that, having provided substantial financial support on that basis, the former partner should get all of that money back.

Confronted with such a claim, the bewildered client came to the Cheonan civil litigation attorney.

2. The Complaint Received by the Cheonan Civil Litigation Attorney's Client

Cheonan Civil Litigation Attorney

The Cheonan civil litigation attorney's client's former partner filed a complaint and claimed against the client damages and restitution arising from 🔗rescission of engagement.

Civil Act Article 806 (Rescission of Engagement and Right to Claim Damages)

(1) When an engagement is rescinded, one party may claim damages from the other party at fault for the loss resulting therefrom.

(2) In the case of the preceding paragraph, there is liability for damages for mental suffering in addition to property loss.

Under the Civil Act, when an engagement is rescinded, a party at fault may be sued for damages for property loss and mental suffering,

and for this reason the client in this case was at risk of having to pay damages.

3. The Cheonan Civil Litigation Attorney Set Out to Defend the Client

The Cheonan civil litigation attorney set out to defend the client as follows.

Cheonan Civil Litigation Attorney: "The Client Was Never Engaged to the Former Partner"

The Cheonan civil litigation attorney emphasized that the client had never been engaged to the former partner.

The client had introduced a younger sibling to the former partner, but they had simply shared a meal once, which was not meant as a meeting between the two families.

In addition, the rest of the client's family had never met the former partner, and the client had likewise never met any of the former partner's family.

Cheonan Civil Litigation Attorney: "The Financial Support Was Provided by the Former Partner Voluntarily"

The Cheonan civil litigation attorney emphasized that the financial support the client received was provided by the former partner voluntarily, of their own will.

The client had never once asked the former partner to provide financial support first.

The former partner always flaunted their wealth and, without any request from the client, sent the client allowance money or gifts.

Accordingly, since the client never borrowed money or requested support, the client has no obligation to pay damages.

4. The Judgment Obtained by the Cheonan Civil Litigation Attorney

As a result of the Cheonan civil litigation attorney's defense of the client, the court dismissed all of the client's former partner's claims and ruled that the former partner would bear all of the litigation costs incurred in this case.

The client had been at risk of having to pay the large sum of 150 million won because of the bewildering claim of a former partner to whom the client was not even engaged,

and this result was achieved because the Cheonan civil litigation attorney set out to defend against the lawsuit.

If you have faced a bewildering claim for damages like the client in this case, please request a consultation from a 🔗Cheonan attorney at any time.

천안민사소송변호사 | 전 연인에게 민사소송 당한 피고 변호해 청구 기각 판결 받음

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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