CONTENTS
- 1. The Client Who Requested a Civil Litigation Consultation
- - Civil Suit, an Action for a Settlement Amount Claim and the Like
- 2. Assistance With the Client's Settlement Amount Return Suit Through a Civil Litigation Consultation
- - Civil Litigation Consultation, Explanation of the Relationship Between the Parties
- - Civil Litigation Consultation, Argument That the Client Was Experiencing Financial Hardship
- 3. Result of the Civil Litigation Consultation, Decision for Payment of the Full Settlement Amount Obtained
1. The Client Who Requested a Civil Litigation Consultation
This is the account of a client who requested a civil litigation consultation.
The client was to receive a settlement amount from the defendant due to the termination of a contract, but the defendant kept failing to pay the settlement amount under various excuses.
The client therefore decided to recover the settlement amount through a civil suit and requested a civil litigation consultation from a Daeryun attorney.
The Daeryun attorney prepared the civil suit through a thorough consultation with the client.
Civil Suit, an Action for a Settlement Amount Claim and the Like
As with the client in the case above, when winding up a partnership relationship, the settlement issues arising from the business results up to that point must be resolved.
Disputes very often arise during the settlement process resulting from a 🔗rescission or termination of a contract, eventually leading to litigation.
Unless there is a special provision in the partnership agreement, a partner cannot claim the return of the capital contribution, and upon withdrawal the partner can make a settlement amount claim against the partnership property.
The settlement amount is generally calculated according to the profit-and-loss distribution ratio, and where no profit-and-loss distribution ratio has been set, it is calculated according to the contribution ratio.
For a partner to file a suit to recover a settlement amount, the partner must prepare a complaint and submit it to the court. The complaint must accurately state the names and addresses of the person filing the suit (the plaintiff) and the other party (the defendant), the relief sought in the suit (the object of the claim), the reasons for filing the suit (the cause of the claim), and the court before which the suit is filed (the court of jurisdiction).
In addition, evidentiary materials that can support one's argument must be submitted together.
In general, a suit must be filed with the court having jurisdiction over the defendant's address, but in a suit demanding the return of money, such as the return of a settlement amount, the suit may also be filed with the court having jurisdiction over the plaintiff's address. The plaintiff may therefore choose to file the suit with a court that offers conditions favorable to the plaintiff.
A 🔗suit for the return of a settlement amount following the settlement of a partnership relationship is, above all, important to pursue after establishing a clear basis for the claim.
2. Assistance With the Client's Settlement Amount Return Suit Through a Civil Litigation Consultation
The attorney provided assistance with the client's settlement amount return suit through a civil litigation consultation.
Civil Litigation Consultation, Explanation of the Relationship Between the Parties
The client and the defendant carried out a web development project together.
The client handled the planning and design, and the defendant handled the development.
Even after the project was completed, the defendant did not distribute the profits to the client and instead argued that he should receive a larger share of the profits because he had performed more of the work.
The civil litigation attorney argued that the profits should be distributed according to the ratio stated in the contract, and emphasized that a prompt return of the settlement amount was needed.
Civil Litigation Consultation, Argument That the Client Was Experiencing Financial Hardship
Through the civil litigation consultation, the attorney in charge argued that the client was experiencing financial hardship because he had not been able to recover the settlement amount.
The client is currently in a difficult situation, including the arrears of rent, because he has not received the settlement amount.
The civil litigation attorney emphasized that the client was facing financial hardship due to the non-payment of the settlement amount and that prompt payment was needed.
3. Result of the Civil Litigation Consultation, Decision for Payment of the Full Settlement Amount Obtained
As a result of pursuing the settlement amount return suit through the civil litigation consultation, the client was able to receive the full settlement amount claimed as well as delay damages.
For a civil suit such as one for the return of a settlement amount, gathering evidence is, above all, important.
All evidentiary materials that can serve as a basis for the settlement amount claim, such as account records, transaction records, emails, and text messages, must be gathered to prepare the suit.
The success or failure of a civil suit depends on proving the causal relationship as to whether there was fault.
At Daeryun Law Firm, an attorney works alongside the client from the consultation stage to closely identify and prove the facts and to prepare the civil suit, providing a one-stop legal service.
If you are preparing a civil suit for a situation like the one above, please receive an 🔗attorney recommendation at Daeryun 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.
