"Ahn Sung-jae Swapped Mosu Wines? If Fraud, Damages Claim Possible" [Star Issue]

*This content was translated by AI.

Legal experts have concluded that a claim for damages is possible in connection with the controversy over wine substitution at Mosu Seoul, a two-Michelin-star restaurant operated by Chef Ahn Sung-jae.

On the 1st, Kim Young-ha, managing partner of Theo Law Firm, released a video on the YouTube channel 'Law Firm Theo' titled 'Ahn Sung-jae's Mosu Wine Vintage Incident: A Mistake or Deception?'.

In the video, lawyer Kim Young-ha explained, "If the sommelier's action was a simple mistake, it falls within the realm of civil law," adding, "At the moment the customer placed an order, a service contract was legally formed."

He continued, "Providing a different vintage means a service different from the contract was performed, which could constitute non-performance of obligation under Article 390 of the Civil Code. In such cases, customers may demand a refund of the price difference and claim service compensation or a certain amount of damages."

However, lawyer Kim Young-ha stated, "Based solely on currently public information, it is impossible to definitively conclude that a crime of fraud has been committed." He added, "Fraud requires clear intent to deceive. If the sommelier simply confused the bottle or made an error, criminal fraud would not be established. In such cases, criminal liability will depend on whether intent is proven through investigation."

Previously, Mosu Seoul faced controversy for allegedly substituting a cheaper vintage during wine pairing. While a 2000 vintage was supposed to be served, the sommelier explained that a 2005 vintage was the appropriate pairing wine for the dish. After the issue was raised, the restaurant continued with rude responses without offering an apology. The controversy intensified when it was revealed that the price difference between the two vintages was approximately 100,000 won.

Subsequently, Mosu Seoul stated, "We sincerely apologize for the confusion caused by the lack of accurate guidance during the wine pairing service process and for failing to provide sufficient explanation during the subsequent response, which led to significant disappointment."

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*This content was translated by AI.