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[Small Claims Case Favorable Judgment] Won the Case With the Help of Daeryun's Small Claims Counsel

The client who sought small claims counsel visited Daeryun Law Firm to obtain help with litigation over unpaid service fees.

CONTENTS
  • 1. The Client Who Sought Small Claims Counsel for a Small Claims Damages Lawsuit
  • 2. Legal Knowledge From Small Claims Counsel
    • - Legal Knowledge From Small Claims Counsel - What Is the Small Claims Trial Act?
    • - Legal Knowledge From Small Claims Counsel - When Is the Small Claims Trial Act Needed?
  • 3. Small Claims Counsel's Analysis for a Favorable Judgment
    • - Small Claims Counsel's Rebuttal 1
    • - Small Claims Counsel's Rebuttal 2
    • - Small Claims Counsel's Rebuttal 3
  • 4. The Court's Judgment Following Small Claims Counsel's Arguments
  • 5. Closing Remarks From Small Claims Counsel

1. The Client Who Sought Small Claims Counsel for a Small Claims Damages Lawsuit

The client who sought small claims counsel for a small claims damages lawsuit stated that, after completing all of the subcontracted work for the defendant, the client requested payment of the service fees, but the defendant delayed payment of the service fees with excuses such as "We cannot pay the service fees because we have not received payment from the prime contractor." The defendant even unilaterally notified the client that the amount would be calculated at a reduced unit price rather than the originally agreed price.

The client, who requested help from Daeryun's small claims counsel, thought the defendant's attitude was highly unfair, but because employees' wages were already overdue, receiving the service payment was the priority, so the client partly accepted the defendant's demand, agreed that the client would bear a portion of the amount, and revised and delivered the payment amount.

However, the defendant did not pay the amount despite the requests of the client who sought small claims counsel, and the client confirmed the facts directly with the prime contractor and learned that the prime contractor had already paid the entire amount to the defendant.

The client requested payment again, stating that the facts had been confirmed, and was able to receive only a portion of the amount. The defendant thereafter still delayed payment of the balance, so the client sought to proceed with a small claims damages lawsuit and came to Daeryun Law Firm's small claims counsel.

2. Legal Knowledge From Small Claims Counsel

Small claims counsel will explain the law regarding small claims cases.

Legal Knowledge From Small Claims Counsel - What Is the Small Claims Trial Act?

Small claims counsel will explain the Small Claims Trial Act.

Article 1 (Purpose) The purpose of this Act is to prescribe special provisions to the Civil Procedure Act in order to handle small-amount civil cases promptly through a simplified procedure at the district courts and branch district courts.


Article 2 (Scope of Application, etc.) (1) This Act applies to civil cases prescribed by Supreme Court Regulations among the cases under the jurisdiction of the district courts and branch district courts (hereinafter referred to as "small claims cases").
(2) With respect to the cases under paragraph (1), the provisions of the Civil Procedure Act apply except where this Act has special provisions.

Article 16 (Enforcement Rules) Matters necessary for the enforcement of this Act are prescribed by Supreme Court Regulations.

Legal Knowledge From Small Claims Counsel - When Is the Small Claims Trial Act Needed?

Small claims counsel will explain when the Small Claims Trial Act is needed.

The Small Claims Trial Act is needed for first-instance civil cases in which the value of the suit at the time of filing is 30 million won or less and the purpose is the payment of a fixed quantity of money, other fungible goods, or securities.

3. Small Claims Counsel's Analysis for a Favorable Judgment

Small claims counsel analyzed the case as follows to obtain a favorable judgment for the client.

Small Claims Counsel's Rebuttal 1

The defendant argued that there was no service contract relationship with the client regarding the company-wide work, but small claims counsel emphasized that, according to the KakaoTalk messages exchanged with the client, the client had received a direct proposal from the defendant regarding the company-wide work and had agreed on the service fees after negotiation, so the defendant's argument had no merit.

Small Claims Counsel's Rebuttal 2

As to the defendant's argument that the client had never demanded payment of the service fees because no contractual relationship existed between the client and the defendant, small claims counsel emphasized that the client had requested the service fees not only by KakaoTalk message and verbally but had even sent a content-certified notice requesting the balance, so the argument had no merit.

Small Claims Counsel's Rebuttal 3

As to the defendant's claim that the client had issued a tax invoice for the service fees without the defendant's consent, small claims counsel emphasized that the service contract underlying the tax invoice had been duly concluded, and that during the process in which the client, having fully performed the service obligations, demanded payment, the defendant had recognized and consented to it expressly and implicitly, so the client's issuance of the tax invoice was by no means done without the defendant's consent.

4. The Court's Judgment Following Small Claims Counsel's Arguments

Following small claims counsel's defense on behalf of the client, the court ordered the defendant to pay the entire remaining amount.

5. Closing Remarks From Small Claims Counsel

The client in this case, who requested help from Daeryun Law Firm's small claims counsel, decided to proceed with a small claims lawsuit because the defendant continued to fail to pay the balance even though the client had agreed, at the defendant's demand, to bear a portion of the service fees.

To obtain a favorable judgment for the client, Daeryun's small claims counsel prepared rebuttals to the defendant's arguments and materials proving those rebuttals, and the client was able to obtain the desired result.

If you need help with a small claims damages lawsuit similar to this case, you may seek out Daeryun Law Firm's small claims counsel, who present a suitable strategy taking into account the client's wishes and the scale of the case.

[소액사건변호사 승소 사례] 대륜 소액사건변호사의 도움으로 소송 승소

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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