Gunsan Law Office Assistance | Client Assisted in Damages Suit with Full Claim Granted

The client met the defendant, an entertainment establishment worker, at a venue the client had visited with an acquaintance.

The defendant received money from the client, saying that a plan to start an internet broadcast required funds for cosmetic surgery.

After that, the defendant borrowed money on several occasions, making excuses related to the internet broadcast.

However, after borrowing the money, the defendant did not repay it.

The client pressed the defendant, but the defendant became unreachable.

Ultimately, the client realized that the defendant had committed deception and requested assistance from the Gunsan branch office to file a criminal complaint for fraud and a civil damages suit against the defendant.

The Gunsan attorney at the Gunsan law office explained the damages suit.

A damages suit proceeds separately from a criminal case, so it may proceed independently even if the criminal case results in acquittal.

Fraud refers to any crime of deceiving a person and, by exploiting the resulting mistaken intent, receiving the delivery of property or obtaining other pecuniary benefit.

-Article 347 of the Criminal Act (Fraud)
1) A person who deceives another and receives the delivery of property or obtains pecuniary benefit shall be punished by imprisonment for not more than 10 years or by a fine not exceeding 20 million won.
2) The preceding paragraph shall apply to a person who, by the means described in the preceding paragraph, causes a third party to receive the delivery of property or to obtain pecuniary benefit.

-Article 598 of the Civil Act (Definition of Loan for Consumption)
A loan for consumption takes effect when one party agrees to transfer to the other party the ownership of money or other substitutes, and the other party agrees to return the same in kind, quality, and quantity.

-Article 390 of the Civil Act (Default and Damages)
If an obligor fails to perform in accordance with the substance of the obligation, the obligee may claim damages. However, this shall not apply where performance has become impossible without the obligor's intent or negligence.

-Article 393 of the Civil Act (Scope of Damages)
①Damages for default shall be limited to ordinary damages.
②Damages arising from special circumstances shall be compensable only where the obligor knew or could have known of such circumstances.

The Gunsan law office explained the 🔗damages suit procedure.

※ Damages Suit Procedure

1. Prepare the complaint, then submit it to the competent court

2. Submit documentary evidence and related materials / secure witness statements

3. Oral argument and judgment

※ Requirements for a Damages Suit

1. Whether actual loss has occurred

2. The causal relationship between the loss and the wrongdoer's conduct

3. Whether the defendant was at fault

*Because circumstances may vary by individual, if you would like a thorough review, you may consult a 🔗an attorney.

To prove the harm suffered by the client, the Gunsan law office submitted records of conversations with the defendant as evidence.

It then calculated the amount of harm and proved its scope.

The defendant deceived the client and thus took the money.

The Gunsan law office argued that, because the client had suffered financial loss, the client should be granted civil damages.

At the Gunsan branch office, the firm assisted with a client's damages suit after fraud and recovered the loss.

The Gunsan attorney works together with attorneys located across all regions, deriving tailored solutions through in-person and real-time meetings.

If you are in a situation like the one above, you are welcome to request assistance at any time from a 🔗Gunsan attorney.