Deals & Cases
[Ulsan Damages Attorney Winning Case] False Transfer-and-Acquisition Action Won With the Assistance of an Ulsan Damages Attorney
The client who came to an Ulsan damages attorney needed to proceed with a damages action over the transfer and acquisition of an academy, and was able to win with the assistance of Daeryun's damages attorney.
1. How the Client Came to the Ulsan Damages Attorney
The client who came to the Ulsan damages attorney had been running an academy in the Ulsan area and sought an attorney when faced with a situation requiring a damages action.
The client wished to acquire a fully managed academy.
The client acquired it trusting the defendant's history of operating multiple academies and the defendant's representations, but most of the defendant's explanations turned out to be lies.
The client had intended to run an academy business to make a living, but suffered severe loss due to the defendant's deceptive conduct, and came to Daeryun Law Firm to file a claim for damages.
The Reason the Client Came to the Ulsan Damages Attorney
The main reason the client came to the Ulsan damages attorney was that he had acquired the academy based on the defendant's lies.
It was the client's first time operating an academy. The defendant, by contrast, was experienced, having operated more than ten academies and having a history of acquiring, growing, and reselling them.
In introducing the academy to the client, the defendant represented that he himself had personally trained the existing directors and turned it into a fully managed academy.
*What is a fully managed academy? It is a form in which the existing director continues to operate the academy, while the acquirer pays the director a salary and obtains only the operating profit of the academy.
The client purchased the academy after hearing the defendant's account. The academy, however, was in a form that was difficult to operate as a fully managed academy.
Because the staff, the enrolled students, the other operating costs, the premium, and even the defendant's record of operating the academy were all lies, the client came to consult with an attorney at Daeryun.
The Statutes Relevant to the Case as Explained by the Ulsan Damages Attorney
Let us briefly review the damages statutes with the Ulsan damages attorney.
■ Statutes Relevant to the Case under the Civil Act
▷ Article 750 (Definition of Tort)
A person who causes loss to another by an unlawful act, whether intentional or negligent, is liable to compensate for the loss.
▷ 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 damages is unreasonably excessive, the court may reduce it to a reasonable amount.
(3) The agreement on the amount of damages does not affect a claim for performance or the rescission of the contract.
(4) An agreement on a penalty is presumed to be an agreement on the amount of damages.
(5) Where the parties have agreed to apply something other than money toward the compensation for loss, the provisions of the preceding four paragraphs apply mutatis mutandis.
2. The Ulsan Damages Attorney's Assistance Toward Winning
The Ulsan damages attorney provided in-depth assistance with the overall procedures in order to win the damages action concerning the situation the client faced and the academy transfer and acquisition that had been carried out through lies.
The Ulsan Damages Attorney Argues for Cancellation of the Transfer and Acquisition Due to the Defendant's Deceptive Conduct
Because the defendant had falsely informed the client, before concluding the transfer-and-acquisition contract, about the overall matters regarding the academy's operating method, profitability, and fixed-cost expenditures, the Ulsan damages attorney argued that the defendant was liable to cancel the contract and compensate for the loss.
The Ulsan Damages Attorney Argues for Return of the Premium
Because of the defendant's lies, the client mistook the property for a normal academy and acquired it.
The attorney argued that, because the contract ought to be canceled, the premium should be returned as a restoration to the original state.
3. Claim for Damages Succeeds With the Ulsan Damages Attorney
With the assistance of the Ulsan damages attorney, the client was able to obtain cancellation of the contract for the acquisition of the misrepresented property, along with the return of the premium and compensation for other losses.
The Ulsan Damages Attorney Brings the Damages Action to a Favorable Conclusion
Accepting the opinion of Daeryun Law Firm, the court ruled that the client could obtain cancellation of the contract at issue, a claim for damages, and the return of the premium.
If You Need a Damages Consultation With the Ulsan Damages Attorney
This was a case in which, with the assistance of a Daeryun attorney, the client was able to cancel a contract riddled with lies and obtain compensation for the loss.
Daeryun forms a team of attorneys with extensive experience in damages relating to fully managed academies, shops, and other franchises, and handles the overall procedures of the action.
If you, like the client above, are suffering from a contract concluded based on lies, a consultation with Daeryun Law Firm may help relieve that burden.
![(손해배상_승소)2023가단528919_원고 이효정 [울산손해배상변호사 승소 사례] 울산손해배상변호사의 조력으로 거짓 양도양수 소송 승소](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240605080742576.webp&w=828&q=100)
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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