CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Busan Law Firm
- 2. The Statutes Relevant to the Case, as Explained by the Busan Law Firm
- 3. The Busan Law Firm's Assistance
- - The Busan Law Firm's Argument ① A Claim That Does Not Exist
- - The Busan Law Firm's Argument ② No Remaining Balance of the Contract Performance Guarantee Deposit
- - The Busan Law Firm's Argument ③ The Account Transfer Was Completed
- 4. The Court's Decision on the Busan Law Firm's Argument
- - If You Need the Assistance of a Busan Law Firm
1. The Client's Situation
The client held a consultation at the Busan office, seeking to work with the law firm and succeed in having the collection claim litigation brought by the plaintiff dismissed.
How the Client Came to the Busan Law Firm
The account of the client who requested a consultation is as follows.
The plaintiff, as a creditor of the client, applied for a collection order against the client, who bore an obligation to return a contract performance guarantee deposit.
However, the plaintiff, having determined that the client had not fulfilled that obligation to return the deposit, filed a lawsuit on that ground.
The client, who had determined that the collection claim asserted by the plaintiff had already been extinguished through repayment and the like, found himself in a bewildering situation.
The client came to the Busan law firm, seeking to succeed in having the plaintiff's claim dismissed with the assistance of a law firm that had handled various 🔗debt collection advisory matters.
2. The Statutes Relevant to the Case, as Explained by the Busan Law Firm
What Is Collection Claim Litigation?
This refers to a lawsuit filed where a creditor has obtained a favorable judgment but has not been paid the money, in order to attach and collect the debtor's right to receive money from another third party and to receive the money directly from that third party.
(1) If the garnishee fails to perform the obligation in the collection procedure, the attaching creditor may bring an action to compel performance.
(2) Each creditor holding an enforceable authentic copy has the right to join the plaintiff's side as a co-litigant.
(3) A garnishee against whom an action has been brought may, by the first date of pleading, apply to summon as co-litigants the creditors who have not joined the plaintiff's side.
(4) The judgment in the case under paragraph (3) has effect as to the creditors who have been summoned.
3. The Busan Law Firm's Assistance
The Busan law firm formed a task force of 3 to 20 professionals and reviewed the case promptly and closely.
It established a concrete strategy accordingly and, arguing as set out below, asserted that the plaintiff's claim was without merit.
The Busan Law Firm's Argument ① A Claim That Does Not Exist
The client had fully repaid the obligation to return the performance guarantee deposit before being served with the attachment of claim and collection order in this case.
Therefore, the firm emphasized that, because the attachment of claim and collection order in this case concerned a claim that had already been extinguished through repayment and thus did not exist, it was void.
The Busan Law Firm's Argument ② No Remaining Balance of the Contract Performance Guarantee Deposit
In light of the evidentiary materials, the client had paid in full the amount of the obligation to return that the plaintiff was demanding.
Therefore, the firm emphasized that, because there was no remaining balance whatsoever of the contract performance guarantee deposit subject to the obligation to return, the plaintiff's claim was without merit.
The Busan Law Firm's Argument ③ The Account Transfer Was Completed
Because problems could arise in the accounting process if funds were transferred directly from an account in the client's name to another company, the client transferred the money to a third party who was employed at the company.
On this ground, the plaintiff was claiming that the client had not repaid the debt.
The firm emphasized that, because the client had paid all of the above money by an actual account transfer, the plaintiff's argument was without merit.
4. The Court's Decision on the Busan Law Firm's Argument
The court, accepting the Busan law firm's argument, issued the decision that ‘The plaintiff's claim is dismissed. The costs of the litigation shall be borne by the plaintiff.’
The client conveyed his deep gratitude to the Busan law firm.
If You Need the Assistance of a Busan Law Firm
In this case, the client, who had been served with a collection claim lawsuit, succeeded in having the plaintiff's claim dismissed with the assistance of a Busan law firm.
In a collection claim lawsuit, the interpretation of complex transaction records, the gathering of evidence, and the application of legal principles are important, so obtaining the assistance of an attorney early in the case can be helpful.
Daeryun Law Firm has 🔗civil attorneys with experience handling a wide range of civil cases, who form a task force to resolve matters promptly.
Drawing on data from many cases, the firm reviews the issues and responds thoroughly to work toward a favorable outcome.
If you face a situation similar to this case and need the help of an attorney, please feel free to reach out to a Busan law firm.
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.
