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Deals & Cases

Price of Goods

Pyeongtaek Law Firm Assistance | Price of Goods, Full Claim Granted in Suit

The client decided to resolve the matter through litigation after failing to receive the price of goods from a business partner, and while looking for a law firm to provide assistance, visited the Pyeongtaek office.

CONTENTS
  • 1. How the Client Came to the Pyeongtaek Law Firm
    • - The Client's Situation
    • - Laws Related to the Case
  • 2. The Assistance Provided by the Pyeongtaek Law Firm
    • - The Pyeongtaek Law Firm's Argument ① The Defendant's Awareness of the Transactions
    • - The Pyeongtaek Law Firm's Argument ② The Defendant's Assumption of Debt
  • 3. Pyeongtaek Law Firm Assistance Result: "Winning the Case"

1. How the Client Came to the Pyeongtaek Law Firm

Pyeongtaek Law Firm



The client decided to proceed through litigation after failing to receive the price of goods for food ingredients that had been supplied to a business partner for three years, and visited the Pyeongtaek office.

The Client's Situation

The client operated a food ingredient distribution company. The client had also been steadily supplying food ingredients to a restaurant business partner of ten years.

A few years earlier, one of the restaurant's co-owners withdrew from the restaurant business, and the client continued the food ingredient transactions with the remaining owner.

However, the remaining owner now made the absurd claim that the food ingredient transactions to date had been contracted with the owner who had previously left, and that he therefore could not pay the price.

The client attempted to discuss the matter, but no agreement could be reached, so the client resolved to settle it through litigation and came to the Pyeongtaek Law Firm for legal assistance.

Laws Related to the Case

The "price of goods" means the payment received for selling a product. If a transaction in goods has been established, the buyer must pay the price to the seller.

Although this is close to common sense, commercial legal disputes related to the 🔗price of goods arise surprisingly often, so caution is required.

If you have delivered goods but have not received the price, the matter can be resolved by filing a suit for the return of the price of goods.

In a suit for the return of the price of goods, evidence of the agreed payment deadline and the extinctive prescription of the payment are important, so the assistance of an attorney who can assess these comprehensively is important.

The laws related to the price of goods are as follows.

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 price to the seller.
② The mutual obligations of both parties under the preceding paragraph must be performed simultaneously, absent a special agreement or custom.

In addition, the court clearly specifies the extinctive prescription for the price of goods.

The extinctive prescription for a claim for the price of goods is three years, which is shorter than the extinctive prescription for ordinary civil claims, so caution is also needed when litigating.

2. The Assistance Provided by the Pyeongtaek Law Firm

The Pyeongtaek Law Firm carefully reviewed the communications, contract terms, and transaction ledgers exchanged between the client and the business partner, and presented arguments that could work favorably toward the judgment.

The Pyeongtaek Law Firm's Argument ① The Defendant's Awareness of the Transactions

The defendant continued transactions with the client even after the other co-owner left, and clearly participated in the transactions by continuously sending transaction ledgers, which remained in records such as messages.

The Pyeongtaek Law Firm emphasized that the defendant was clearly aware of the transaction relationship with the client.

The Pyeongtaek Law Firm's Argument ② The Defendant's Assumption of Debt

When the other co-owner left, the defendant also assumed the debt that the co-owner had held in relation to the restaurant.

The Pyeongtaek Law Firm emphasized that, by also assuming the debt, the defendant had succeeded to all authority related to the business, including the restaurant's trade name, and therefore clearly bore the obligation to pay the price of goods to the business partner.

3. Pyeongtaek Law Firm Assistance Result: "Winning the Case"

The court, accepting the Pyeongtaek Law Firm's position, issued a judgment ordering the defendant to pay the client the full amount claimed and, in addition, to bear up to 90% of the litigation costs.

If You Have Not Recovered the Price of Goods

Failing to receive the price of goods is seen often in everyday cases, so a suit for the return of the price of goods is one of the more frequent civil actions.

In a suit for the return of the price of goods, the judgment varies greatly depending on whether there is material that can prove the transaction history, such as a contract, a tax invoice, or a receipt, and on the extinctive prescription of the price of goods.

For this reason, receiving the assistance of an attorney with extensive experience is important for thorough evidence collection and favorable arguments.

Daeryun Law Firm has civil attorneys with experience in resolving many disputes related to the price of goods, so you may reserve a 🔗legal consultation at any time.

평택법무법인

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.

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