Full Victory in a 40 Million KRW Damages Lawsuit Against an Unresponsive Defendant (Constructive Confession)
26-07-03 84
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1. Case Overview
The plaintiff suffered massive financial damages due to the defendant's tortious acts and filed a civil lawsuit for 40,000,000 KRW in damages to recover the losses.
Despite being lawfully served with a copy of the complaint and litigation guidelines by the court, the defendant failed to submit a written answer and did not appear at the pleading hearings, consistently maintaining total unresponsiveness to delay the plaintiff's recovery.
Law Firm Theo meticulously compiled objective evidence to prove the plaintiff's damages and the exact amount of loss, clearly substantiating the cause of action. Furthermore, instead of being dragged down by the defendant's malicious silence, we proactively utilized the legal principle of Constructive Confession under the Civil Procedure Act, taking procedural steps to secure a swift judgment.
4. Result of Assistance
The court recognized the Constructive Confession pursuant to Article 150(3) and Article 208(3)(2) of the Civil Procedure Act, determining that the defendant did not clearly dispute the plaintiff's claims. As a result, the court ruled entirely in favor of the plaintiff, ordering the defendant to pay 40,000,000 KRW in full, along with a 12% annual delay interest rate until the day the debt is fully settled.
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