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Construction payment

Unpaid Construction Payment Assistance Case | Construction Payment Claim Granted in Full

The client, who was experiencing financial difficulties due to unpaid construction payment, decided to file suit in order to recover the unpaid construction payment and requested the assistance of a civil attorney.

CONTENTS
  • 1. The Client Who Was Not Paid the Construction Payment
    • - How the Client Came to Decide on Litigation
  • 2. Construction Payment Litigation When Construction Payment Is Unpaid
    • - Issues in the Case
  • 3. Assistance Provided to the Client Denied Construction Payment
    • - Civil Attorney's Strategy ① | Securing the Transaction Records
    • - Civil Attorney's Strategy ② | Securing the Payment Confirmation
  • 4. Result of Assisting the Client Denied Construction Payment: “Winning the Case”
    • - If You Have Not Recovered Your Construction Payment?

1. The Client Who Was Not Paid the Construction Payment

Nonpayment of construction payment, client's favorable outcome, case study

The client, who had been experiencing difficulties due to the nonpayment of construction payment, through the prompt assistance of a civil attorney was able to safely recover the full amount of the unpaid construction payment.

How the Client Came to Decide on Litigation

The client had been performing part of the work at a corporate construction site, having been entrusted with it by Mr. A.

In the meantime, the client heard from other construction workers nearby that Mr. A was not paying the construction payment on time, and the client accordingly began to feel uneasy about whether his own construction payment would be paid.

The client confirmed with Mr. A's side several times whether the construction payment would be paid, but time passed without the client ultimately receiving the construction payment.

At first the client also considered entrusting the case to an individual practice, but while wavering due to the difficulty of placing trust in it and a sense of unease about the complex procedures, the client came to entrust the construction payment case to a civil attorney at Daeryun LLC, which has a systematic response and extensive experience.

2. Construction Payment Litigation When Construction Payment Is Unpaid

A construction payment lawsuit refers to a procedure in which, where the orderer has failed to pay the agreed construction payment after the construction work is completed, the construction company files a lawsuit with the court to claim payment.

A claim for construction payment is a claim subject to a short 3-year extinctive prescription under Article 163, item 3 of the "Civil Act".

Therefore, even if the construction under the contract for work has been completed, if the orderer fails to pay the construction payment, the claim may be extinguished by law unless it is made within 3 years from the date the construction was completed or from the due date for payment of the construction payment.

Statutes related to extinctive prescription

Civil Act Article 163 (Short 3-year extinctive prescription)

The following claims are extinguished by prescription if not exercised for 3 years.

③ Claims relating to the construction work of a contractor, engineer, or other person engaged in the design or supervision of construction work

Issues in the Case

The key issues in this case were that the number of victims reached many, and that, although the client had demanded payment of the construction payment through a certified content letter, contact with the other party was cut off several times and payment continued to be delayed.

Accordingly, the civil attorney made the protection of the client’s rights the top priority and, in cooperation with Daeryun’s in-house Evidence Investigation Center, systematically collected and analyzed the relevant evidence submitted by the client, such as the payment order and transaction statements.

3. Assistance Provided to the Client Denied Construction Payment

Non-payment of construction payment Daeryun evidence investigation center cooperation

After consulting with the client who had not been paid the construction payment, the civil attorney, in cooperation with the firm's own evidence investigation center and based on systematically gathered evidence, argued as follows.

Civil Attorney's Strategy ① | Securing the Transaction Records

The civil attorney secured a transfer confirmation in order to prove that a promise to pay construction payment had actually existed between the client and the other party.

The attorney also secured, as evidence, a recording file of a telephone call discussing the scope of work and the method of payment.

Through this, the attorney emphasized that the two sides had actually concluded a construction contract and that there had been a specific agreement on payment.

Civil Attorney's Strategy ② | Securing the Payment Confirmation

A promised on several occasions, orally, to deposit the construction payment, but in fact did not perform this.

Accordingly, to prepare for any future dispute, the client had A prepare, in his own handwriting, a written confirmation of payment of the construction payment, but even thereafter the construction payment was not paid.

The civil attorney, relying on that written confirmation of payment, proved that A had failed to perform despite expressly acknowledging the obligation to pay the construction payment, and emphasized that A's liability for the nonpayment of the construction payment was clear.

4. Result of Assisting the Client Denied Construction Payment: “Winning the Case”

Result of assisting a client in a nonpayment of construction payment matter: the claim was granted

As a result of assisting the client who had not been paid the construction payment, the court issued a judgment stating, "The defendant shall pay the plaintiff the full amount of the construction payment."

The client had been bearing a significant economic burden because the construction payment had gone unpaid for a long time, but thanks to the prompt and systematic assistance of the civil attorney, the client was finally able to recover the construction payment.

If You Have Not Recovered Your Construction Payment?

If time is passing while you have not recovered the construction payment, it can be better to seek the help of a civil litigation attorney with extensive experience in construction payment claim litigation rather than trying to resolve it alone.

Because issues of unpaid construction payment often require a combination of procedural strategies such as an application for a payment order, provisional attachment, and compulsory execution, you can reduce losses by responding systematically from the early stage of the case.

The civil attorneys of Daeryun Law Firm provide systematic support throughout the entire process, from the contract conclusion stage to securing evidence, the application for a payment order, and the suit on the merits.

If you need a legal response due to unpaid construction payment in a situation such as the above, please request prompt and accurate assistance at any time through the 🔗legal consultation reservation of Daeryun Law Firm.

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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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