Q
I am curious about the procedures for collecting commercial claims.
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I run a distribution business. A few months ago, I supplied goods to a client but haven't been paid yet and have been repeatedly demanding payment. There were no special agreements in the contract, and I only issued a tax invoice and shipping invoice at the time of transaction. I'm wondering what legal procedures can be used to collect commercial claims.
commercial claim
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作者: 정찬우
The situation you described concerns a payment claim arising in the course of a commercial transaction (delivery of goods) with a business partner, so it falls under commercial claims under Articles 46 and 64 of the Commercial Act.
Therefore, in your case, unpaid amounts arising from delivery and credit transactions between businesses are representative examples of commercial claims.
To collect commercial claims, first send content-certified mail to clearly inform the business partner of the existence of the claim and the request for repayment.
At this stage, it has greater legal effect than mere oral demands, and is also used as evidence of statute of limitations interruption (showing that "performance of debt was demanded") in subsequent litigation.
If the debtor continues to fail to pay, you can apply for a payment order with the court.
Payment orders proceed based on documents only, and if the other party does not object, they are confirmed as enforceable titles (documents enabling compulsory execution).
Since they are inexpensive and time-saving, this is a procedure widely used in commercial claim collection.
However, if the debtor objects to the payment order or if the claim amount is disputed, you must proceed with civil litigation.
In this case, you can submit tax invoices, transaction statements, invoices, deposit records, text messages and emails, etc. as evidence to prove the existence of the claim.
For commercial claims, since the burden of proof under the Commercial Act may be eased in some cases, claims are sufficiently possible even without a contract.
The statute of limitations for most commercial claims is 5 years, so to prevent unpaid amounts from being neglected for a long time, you must interrupt the statute of limitations through measures such as sending content-certified mail, filing a lawsuit, or provisional seizure before the statute is completed.
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