CONTENTS
- 1. The Client's Situation
- - Price-of-Goods Litigation Explained by a Changwon Attorney
- 2. The Changwon Attorney's Assistance
- - The Changwon Attorney Submits the Contract Terms and Evidentiary Materials
- - The Changwon Attorney Argues the Basis for Joint Liability Logically
- 3. Result of the Changwon Attorney's Assistance: Claim Granted in Full
- - The Changwon Attorney's Casebook
- - A Changwon Attorney Explains ‘When You Have Not Been Paid for Goods’
1. The Client's Situation
The client was the representative of a company specializing in the manufacture and installation of wire mesh and fencing materials, and had supplied materials for the fencing of a solar power plant.
The client entered into a materials-supply contract with Company A and, at Company A's request, delivered the materials directly to Company B.
Although the construction had already been completed, the client had not been paid for the goods.
The client therefore requested payment from Company B, which had directly received the goods, but Company B avoided responsibility, saying only that it could not pay because it had not been paid by Company A.
The client therefore requested a consultation with the Changwon attorney in order to take legal measures to recover the price of the goods.
Price-of-Goods Litigation Explained by a Changwon Attorney
Price-of-goods litigation is a legal procedure by which a supplier who has provided goods but has not been paid by the buyer claims that payment, and it is grounded in the Civil Act.
(1) If there is a fixed and definite time limit for the performance of an obligation, the obligor is liable for delay from the time the time limit arrives. If there is an indefinite time limit for the performance of an obligation, the obligor is liable for delay from the time the obligor becomes aware that the time limit has arrived.
(2) If there is no time limit for the performance of an obligation, the obligor is liable for delay from the time a demand for performance is received.
Civil Act Article 568 (Effect of Sale)
(1) The seller must transfer to the buyer the right that is the object of the sale, and the buyer must pay the seller the price thereof.
(2) The mutual obligations under the preceding paragraph must be performed simultaneously unless there is a special agreement or custom.
🔗price of goods To succeed in a claim, the key is to clearly prove the existence of the contract and the fact that the goods were provided.
The basis for the claim must be presented on the strength of objective materials such as the contract, invoices, and delivery confirmations, and if the other party intentionally fails to pay, a claim for delay interest is also possible.
2. The Changwon Attorney's Assistance
The Changwon attorney assisted the client in recovering the price of the goods as follows.
The Changwon Attorney Submits the Contract Terms and Evidentiary Materials
The attorney arranged the supply contract between the client and Company A and the process of delivery to Company B in chronological order.
The attorney also set out in detail the list and quantities of the materials delivered, emphasizing the exact amount due and the fact that the defendants had defaulted on their obligations.
The Changwon Attorney Argues the Basis for Joint Liability Logically
The Changwon attorney proved that both defendants, Company A and Company B, had failed to fulfill their obligations under the contract, and argued that they were therefore jointly liable for payment of the price of the goods.
3. Result of the Changwon Attorney's Assistance: Claim Granted in Full
Accepting all of the arguments the Changwon attorney had prepared, the court ruled that the defendants must jointly pay the client the full amount claimed.
The client thus recovered the full price of the goods and was able to regain stability in operating the business.
The Changwon Attorney's Casebook
In the case above, a client who needed legal measures because he had not been paid for goods came to a 🔗Changwon attorney to request assistance.
Daeryun Law Firm provides comprehensive legal services for clients facing difficulties due to delayed payment for goods, from sending a certified letter of content, to drafting a complaint and assisting throughout the pre-litigation stage, to additional measures such as applying for compulsory execution.
If you are someone who needs to claim the price of goods as described above, please request a consultation at any time through a 🔗legal consultation reservation.
A Changwon Attorney Explains ‘When You Have Not Been Paid for Goods’
Q. Attorney, what should I do when I have not been paid for goods? If you have not been paid for goods, the first thing you can do is send the other party a certified letter of content requesting payment and try to resolve the situation.
Through this, you can demand performance of the contract or secure evidence before litigation.
If you requested payment through a certified letter of content but the other party did not pay, you should consider the legal procedure of price-of-goods litigation. Q. Attorney, what should I do if the certified letter of content does not resolve it?
At this point, you should analyze the reasons for the other party's default and review whether there is joint liability.
Because you must additionally gather relevant evidentiary materials to make the basis for the suit clear, getting the help of an attorney in this process can be helpful.
If payment is still not made after the court's judgment in the price-of-goods litigation, you must recover the amount through compulsory execution proceedings.
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.
