Sung Anh's Mosu Seoul Faces Wine Swap Controversy as Legal Experts Say Damages Can Be Claimed Even for a Simple Mistake

[The Financial News] A legal interpretation has emerged saying that damages can be claimed even if the incident was only a simple mistake, as Mosu Seoul, run by chef Sung Anh, has come under fire over allegations of a so-called wine swap.
On the 24th, attorney Kim Young-ha of Law Firm THEO uploaded a video to the YouTube channel "Law Firm Theo" titled "The Mosu Wine Vintage Incident of Sung Anh: Mistake or Deception?"
Kim said, "As a legal expert looking at this case, the applicable law and the weight of responsibility change completely depending on whether it was a simple mistake or an intentional attempt to deceive."
He explained, "If the sommelier's action was merely a mistake, it falls within the civil realm," adding, "The moment the customer places an order, a kind of service contract is legally formed."
He continued, "If a different vintage was served, then a service different from the contract was provided," and added, "That could amount to nonperformance under Article 390 of the Civil Act." He went on to say, "In that case, the customer may demand a refund of the price difference and may also claim compensation for the service or a modest amount of damages."
Kim said, "Fraud requires an intent to deceive. If the sommelier simply confused the bottles or made a mistake, then criminal fraud would not be established," adding, "Based on the information disclosed so far, it is impossible to conclude that fraud has been established."
He added, "In this case, criminal liability will hinge on whether intent can be proven through an investigation."
Earlier, A posted a revelation on the 18th saying that at Mosu Seoul, he ordered a 2000 vintage wine worth 800,000 won, but the sommelier mistakenly served a 2005 wine that was 100,000 won cheaper, and then tried to brush it off even after the issue was raised.
As the controversy spread, Mosu Seoul apologized on the 23rd through its social networking service (SNS), saying, "We bow our heads and sincerely apologize for the recently reported matter."
Mosu Seoul said, "During the wine pairing service on the 19th, we caused confusion by failing to provide accurate guidance, and we also disappointed the customer by not offering a sufficient explanation in our subsequent response." It added, "After the incident, we separately apologized to the customer, and the apology was graciously accepted, but we believe that process was also insufficient." The restaurant continued, "Chef Sung Anh and all of our staff are taking this matter very seriously," and added, "We will not stop at a perfunctory apology and will work to restore trust."
newssu@fnnews.com Kim Soo-yeon Reporter