Deals & Cases

Claim for Damages Based on Tort
Claim for Damages Based on TortFavorable Judgment

Changwon Law Firm's Assistance | Changwon Law Firm Obtains Dismissal of the Plaintiff's Claim for Damages

The client, against whom a tort-based claim for damages had been filed, sought help from Daeryun's Changwon office while looking for a law firm to assist.

1. The Client Who Turned to the Changwon Law Firm

Changwon Law Firm

The client turned to Daeryun's Changwon office, wishing to proceed with the case together with a law firm holding extensive expertise in damages matters in order to find a solution.

How the Client Came to Turn to the Changwon Law Firm

The detailed account of the client, who consulted the Changwon Law Firm, is as follows.

The client is the representative director of Company A, and the plaintiffs are the persons who entered into investment contracts with Company A.

The client came to know the plaintiffs through an introduction by an acquaintance, and the client's younger sibling, who was a related party, recommended that they invest in Company A.

The plaintiffs accepted the proposal and deposited their investment funds with Company A.

The investment in Company A appeared to proceed smoothly, but one day the client was suddenly served with a lawsuit by the plaintiffs.

The claim was that the client, together with the sibling, had deceived the plaintiffs and obtained money by deception, and had aided the act of deception, causing serious loss.

The client turned to the Changwon Law Firm, wishing to resolve the matter with the assistance of attorneys experienced in numerous 🔗damages lawsuits.

2. Laws Relevant to the Case, Explained by the Changwon Law Firm

If loss is caused to another person through someone's intent or negligence, that person bears the responsibility to compensate for the harm.

Article 750 (Definition of Tort)

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

Put simply, if A falsely tells B that the recovery of B's investment is guaranteed and B loses the invested amount as a result, A must compensate B for the loss caused by the tort.

3. The Changwon Law Firm's Assistance

The Changwon Law Firm formed a task force of attorneys experienced in thousands of civil lawsuits and analyzed the latest laws and precedents.

Based on accumulated case data, it established a response strategy and made the following arguments.

The Changwon Law Firm's Argument ① the Investment Contract

The investment contract in this case expressly states that the investment funds would be used for investment in futures and options.

Even from the perspective of ordinary people, it is clear that futures and options are financial investment products that may generate large profits but, at the same time, carry a significant risk of loss of principal.

The firm emphasized that the evidence submitted by the plaintiffs alone cannot establish that the client deceived the plaintiffs and obtained the investment funds by deception.

The Changwon Law Firm's Argument ② the Representative Director's Name

The plaintiffs argue that the client has an obligation to compensate for the loss arising from the tort by aiding the act of deception.

However, although the client was registered as the representative director, he had merely lent his name at his sibling's request and was a person unconnected with the operation of Company A.

The firm emphasized that the client obtained no actual benefit in connection with the investment contract in this case and therefore has no obligation to return any unjust enrichment to the plaintiffs.

4. The Court's Decision on the Changwon Law Firm's Arguments

The court, accepting the Changwon Law Firm's arguments, issued a decision that 'all of the plaintiffs' claims against the defendant are dismissed. The litigation costs shall be borne by the plaintiffs.'

The client expressed deep gratitude to the Changwon Law Firm for this outcome.

If You Need the Changwon Law Firm's Help

The case above was an instance in which a client assisted by the Changwon Law Firm successfully obtained the dismissal of a tort-based claim for damages.

The civil litigation attorneys at Daeryun Law Firm closely analyze the facts of a case and provide comprehensive legal services for litigation.

A task force of 3 to 20 members, centered on civil litigation attorneys, collaborates closely to resolve cases.

If you face a situation similar to the case above and need the assistance of attorneys experienced in this area, please turn to the Changwon Law Firm at any time.

창원법무법인 조력 | 창원법무법인, 원고의 손해배상청구 기각 성공

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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