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Cases

Rust on a Brand-New Car — Recognized as a "Defect" and Compensated

Background

Rust appeared in numerous places inside newly purchased imported cars — the steering wheel, beneath the dashboard, at welded joints — only a short time after delivery. Owners who had bought their cars with high expectations came to Changchun in disappointment.

What Was at Stake

The seller could dismiss this as a mere surface problem. The issue was whether rust on a new car could be recognized in law as a "defect" giving rise to the seller's liability in damages.

How Changchun Helped

Acting for the owners, Changchun emphasized that "for a new car, being in pristine condition is itself central to its value, and rust left unaddressed can affect function, safety and exchange value, so it constitutes a defect under the Civil Act."


The court treated rust on a new car as a defect and recognized the seller's liability in damages, with owners receiving awards in the millions of won each. It is a case meaningfully vindicating consumer interests in a legal system where punitive damages are rare. (Outcomes depend on the facts of each case and may differ.)

Case articles are anonymized within the scope of client consent and are provided for general information only, not as legal advice on any specific matter. Outcomes may differ depending on the facts of each case.