Case of Assistance by a Civil Litigation Attorney | Civil Litigation for the Price of Goods, Claim Granted in Full

The client, as a supplier delivering food ingredients, provided goods to the defendant company in this case over a certain period.

The transactions proceeded smoothly over a certain period, and there were numerous delivery records and settlement records.

However, part of the total supply price remained unpaid as an outstanding receivable, and as time passed, the amount grew to a considerable size.

Accordingly, the client requested payment from the other party on several occasions, but the other party delayed payment, citing reasons such as “there are problems with the quality of the delivered goods” and “the settlement records do not match.”

However, these claims lacked specific grounds, and because the transactions were in fact continuing, the situation was one in which the claims were unpersuasive.

In the end, the client, having determined that it was difficult to resolve the matter on its own any longer, came to the firm in order to collect the unpaid price.

After consulting with the client, the civil litigation attorney summarized the core issues of this case as follows.

Summary of the Issues in the Case

Based on these issues, the civil litigation attorney established a strategy to intensively identify the weaknesses in the other party’s arguments and to prove the legitimacy of the plaintiff’s claim on the basis of objective delivery records and settlement materials.

In addition, since the time at which the creditor brings the claim must fall within the extinctive prescription period in order to be lawful, the issue of prescription is also an important consideration.

Civil Act Article 163 (Short-Term Extinctive Prescription of Three Years)

In the case of the price of goods, pursuant to the above provision, a three-year prescription period applies.

Litigation Preparation TIP

The civil attorney reviewed all of the materials provided by the client, including the contract, tax invoices, and delivery records, and clearly organized the facts.

In particular, with respect to a portion of the difference, the attorney strengthened the credibility of the claim by excluding it from the claimed amount in order to avoid unnecessary disputes.

The defendant was refusing to pay the price, citing reasons such as the expiration of shelf life, discrepancies in quantity, and unconfirmed delivery slips.

However, the situation was one in which the defendant failed to present evidence to prove these points.

Accordingly, the civil attorney emphasized that the burden of proof lay with the defendant and pointed out that the defendant had failed to present specific evidence, thereby undermining the persuasiveness of the defense.

The civil attorney noted the fact that, even after the defendant raised the issue, the client was still continuing to make deliveries to the store.

This served as corroborating evidence that there had been no essential problem with the existing quality of the delivered goods, and it became a ground demonstrating that the defendant’s arguments lacked credibility.

If the other party delays payment of the price of goods, a prompt and accurate legal response is important.

Daeryun Law Firm has numerous civil specialist attorneys who possess abundant knowledge and experience in the Civil Act and litigation procedures.

At the early stage of a case, through the consultation-dedicated attorney system, we identify the issues and gravity of the case, and through the assignment of a dedicated attorney, we can provide systematic and strategic assistance ranging from the collection of evidence and the preparation of the complaint to the response in court.

If you need assistance regarding the price of goods or proceeding with civil litigation, please feel free at any time to entrust your case to us through the 🔗legal consultation reservation.