[Construction Payment Claim Lawsuit Favorable Judgment Case] Favorable Judgment in a Construction Payment Claim Lawsuit, Recovering the Construction Payment and Delay Damages

The client who came to file a construction payment claim lawsuit was a contractor who had entered into a construction contract with the defendant, the building owner.

After completing the work on the new building, the client requested the construction payment from the defendant.

The defendant asked for a little more time, and the client gave the defendant time.

However, the building owner changed, and the client grew anxious and contacted the defendant, but the defendant gave no response.

The client then requested Daeryun's assistance in proceeding with a construction payment claim lawsuit against the defendant.

■ Statutes Related to the Construction Payment Claim Lawsuit

Payment Claim Lawsuit (Price of Goods, Service Fees, etc.)

▶Civil Act, Article 568 (Effect of Sale)

(1) The seller shall transfer to the buyer the right that is the object of the sale, and the buyer shall pay the price to the seller.

(2) The mutual obligations under the preceding paragraph shall be performed simultaneously, unless there is a special agreement or custom.

▶Civil Act, Article 163 (Short-Term Extinctive Prescription of Three Years)

The extinctive prescription of the following claims is completed if they are not exercised for three years.

1. Claims for interest, support, salary, rent, or other money or goods to be paid for a period fixed within one year

2. Claims of physicians, midwives, nurses, and pharmacists relating to treatment, labor, and dispensing

3. Claims relating to construction of contractors, engineers, and others engaged in the design or supervision of construction

4. Claims of attorneys, patent attorneys, notaries, certified public accountants, and judicial scriveners for the return of documents kept in the course of their duties

5. Claims of attorneys, patent attorneys, notaries, certified public accountants, and judicial scriveners relating to their duties

6. The price of products and goods sold by producers and merchants

7. Claims relating to the work of artisans and manufacturers

▶Commercial Act, Article 64 (Commercial Prescription)

The extinctive prescription of a claim arising from a commercial activity is completed if it is not exercised for five years, unless otherwise provided in this Act. However, where another statute provides for a prescription shorter than this, that provision applies.

The client and the defendant in the construction payment claim lawsuit prepared a construction contract before proceeding with the work.

A construction contract is legally effective, and its obligations must be performed.

The Daeryun attorney argued the point that there was evidence of a construction contract between the client and the defendant.

Before the construction payment claim lawsuit, the client made efforts to recover the construction payment from the defendant.

The client contacted the defendant regularly and asked about the construction payment.

The Daeryun attorney argued that the client had made efforts to recover the construction payment and should recover the construction payment along with delay damages through the construction payment claim lawsuit.

The defendant in the construction payment claim lawsuit intentionally made excuses and did not pay the construction payment to the client.

As a result, the client has still not received the construction payment, up to the time of this construction payment claim lawsuit.

The Daeryun attorney emphasized the point that the defendant had made excuses in order to avoid paying the construction payment to the client.

The reason the client was able to obtain a favorable judgment in the construction payment claim lawsuit was the Daeryun attorney's professional assistance.

Daeryun Law Firm assists clients with a systematic structure and the litigation experience of attorneys who focus on the field.

If you are concerned about a matter similar to the client above, you may consult with a Daeryun Law Firm attorney who focuses on construction payment claim lawsuits.