[] Corporate Litigation Attorney in Seoul, Korea: Defending Against Damag…
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WEON 작성일24-11-19본문
Hello, this is Kyusung Lee, an attorney at Weon Law.
At Weon Law, we provide assistance to help you swiftly resolve legal disputes through lawful procedures, enabling you to regain normalcy in your life.
As a startup-specialized attorney registered with the Korean Bar Association, I have handled numerous types of corporate litigation cases and delivered outcomes that meet clients' expectations.
I cover various issues that can arise during company operations, including contract disputes, licensing, payment claims and debt collection, and labor-management conflicts. I aim to provide tailored solutions to meet clients’ needs.
Just as you visit a doctor when you are
unwell, you turn to an attorney when facing legal disputes.
Feel free to contact me. One call can change the direction of your case.
Email: kslee@weonlaw.co.kr
Tel: +82 2 6264 7604
Challenges in Corporate Litigation
Running a business inevitably involves large and small challenges. Unlike general lawsuits, corporate disputes are unique and can make it difficult to know where to seek legal advice.
In particular, corporate litigation can lead to significant financial losses or even threaten the survival of your business if not handled correctly.
It’s crucial to remember that the future of your business depends on which attorney you choose to handle your legal issues.
If you find yourself defending against a damage lawsuit due to a claim from the opposing party, proactive and strategic defense is essential.
In this post, I’ll share insights based on a successful case I handled, exploring how to effectively defend against a damages lawsuit as a defendant.
Attorney Kyusung Lee: Professional Background
Graduated from The Hotchkiss School, USA
Graduated with honors in Economics from Brown University (Ivy League), USA
Certified Startup-Specialized Attorney, Korean Bar Association
Certified Anti-Money Laundering Specialist (CAMS)
Former Legal Counsel, Corporate Construction Division, Samsung Group
Extensive experience in winning various corporate litigation cases
Case Study: Full Defense in a ₩53 Million Damages Lawsuit
(Note: Details of this case have been modified to protect client confidentiality.)
① Case Overview
The defendant, Company G, a joint agency led by Co-Representatives A and B,
faced a lawsuit filed by Plaintiff C, an employee at a competing agency,
Company N.
C posted a warning message on their
personal social media account, which was then shared by employees of Company N
at C's instruction.
The issue lay in the content of the warning message, which falsely accused
Company G of maliciously contacting Company N’s employees, spreading defamatory
misinformation.
Company G filed a criminal complaint against C and other employees of Company N for defamation under the Information and Communications Network Act. However, the police concluded there was insufficient evidence to proceed. Despite an appeal, the decision of “no charges” was upheld.
Subsequently, Plaintiff C filed a ₩53 million damages lawsuit against Company G, citing emotional distress, disruption of work, and financial losses, including legal fees.
② Legal Perspective
C argued that the defendants’ actions constituted a tortious act based on the
criminal complaints they filed.
However, precedent from the Supreme Court of Korea [Decision 93Da29556, Jan. 25, 1994] establishes that filing a criminal complaint does not constitute a tort unless it is deemed an abuse of rights resulting from malicious intent or gross negligence.
③ Attorney Kyusung Lee’s Defense
I emphasized the following points:
Insufficient evidence to prove Company G engaged in unethical practices to poach Company N’s employees.
The warning message significantly harmed Company G’s reputation, justifying the filing of criminal complaints as a legitimate defense of rights, without malicious intent or gross negligence.
④ Outcome
Thanks to this robust defense, the court ruled in favor of Company G,
dismissing Plaintiff C’s ₩53 million claim in full. Moreover, the plaintiff was
ordered to bear the litigation costs, achieving a complete victory for our
client.
Conclusion
Through this case, I’ve demonstrated how Weon Law approaches and resolves client issues effectively.
If you’re grappling with corporate disputes, don’t hesitate to reach out for a consultation.
Contact
Email: kslee@weonlaw.co.kr
Tel: +82 2 6264 7604