CONTENTS
- 1. The client who came to an Ulsan civil attorney
- - How the client came to seek out an Ulsan civil attorney
- - Statutes relevant to the case as explained by an Ulsan civil attorney
- 2. The assistance provided by an Ulsan civil attorney
- - An Ulsan civil attorney argues that the defendant did not perform the contract
- - An Ulsan civil attorney argues that the defendant is delaying payment without any reason
- 3. The result of the Ulsan civil attorney's assistance: “favorable judgment”
- - An Ulsan civil attorney's case review
1. The client who came to an Ulsan civil attorney
The client who came to the Ulsan civil attorney requested a consultation with Daeryun's Ulsan civil attorney in order to file a construction payment suit against the defendant.
How the client came to seek out an Ulsan civil attorney
This is the story of the client who consulted with the Ulsan civil attorney.
The client is the head of an interior design company operating in Ulsan, and entered into an interior design contract for a model house with the defendant.
The client diligently completed the work on the dates specified in the contract, but the defendant did not pay the agreed construction payment.
Placed in economic difficulty for not having received payment, the client, after much consideration, decided to file a civil suit.
The client accordingly requested assistance from a civil attorney at the Ulsan office in order to file a civil suit.
Statutes relevant to the case as explained by an Ulsan civil attorney
What is construction payment, as explained by an Ulsan civil attorney?
The extinctive prescription for a construction payment claim is 3 years, which is very short compared to other claims; because there are cases in which the extinctive prescription passes while attempting to resolve the matter oneself and the payment cannot be recovered, it is advisable to obtain the help of a specialist attorney and handle the matter promptly.
Civil Act Article 163 (Short-term Extinctive Prescription of 3 Years)
The following claims shall be extinguished by prescription if not exercised for 3 years.
1. Claims for interest, support, salary, or rent, or other claims for the payment of money or goods determined for a period of one year or less
2. Claims of physicians, midwives, nurses, and pharmacists concerning treatment, labor, and dispensing
3. Claims concerning construction of a contractor, engineer, or other person 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 concerning the duties of attorneys, patent attorneys, notaries, certified public accountants, and judicial scriveners
6. The price of products and goods sold by producers and merchants
7. Claims concerning the business of artisans and manufacturers
2. The assistance provided by an Ulsan civil attorney
Through consultations with the client, the Ulsan civil attorney established a practical strategy and emphasized that the defendant had an obligation to pay the construction payment, arguing as follows.
An Ulsan civil attorney argues that the defendant did not perform the contract
The Ulsan civil attorney submitted the contract drawn up between the client and the defendant as evidence, emphasizing the contractual provision that the payment had to be made within 14 days after completion of the work.
However, the defendant did not perform this, and the attorney argued that, under the contract, the defendant had an obligation to pay the construction payment to the client.
An Ulsan civil attorney argues that the defendant is delaying payment without any reason
The client requested the construction payment from the defendant on several occasions, but the defendant merely repeated, without any reason, that the client should wait, and to this day has not paid.
3. The result of the Ulsan civil attorney's assistance: “favorable judgment”
Accepting the Ulsan civil attorney's arguments, the court ruled, “The defendant shall pay the plaintiff the full amount of the construction payment. The litigation costs shall be borne by the defendant.”
An Ulsan civil attorney's case review
The case above is one in which a client who 🔗experienced economic difficulty for not having received construction payment safely recovered the full amount of the construction payment thanks to the help of the Ulsan civil attorney.
If, despite having completed the work, you have not received payment, it is advisable to obtain the help of a specialist attorney and pursue a construction payment suit.
At Daeryun Law Firm, specialist attorneys with extensive experience in related cases provide client-tailored solutions and assist clients.
If you are experiencing difficulty in a situation similar to the case above, please request assistance from Daeryun Law Firm's Ulsan civil attorney at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
