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Is a lawsuit for a stipulated sum possible even with only a verbal agreement and no written contract?

I once made a promise with an acquaintance regarding a payment of money in connection with a business, but we did not draw up a separate written contract and had only agreed verbally. Later, when I raised the issue after not receiving the promised money, the other party is claiming they bear no responsibility because there is no written contract. I am wondering whether I can file a lawsuit for a stipulated sum even in such a case, and whether a verbal promise has legal effect.

Lawsuit for a stipulated sum

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Author: 김국일

Hello. This is an attorney specializing in civil law at Daeryun Law LLC.

To state the conclusion first, a lawsuit for a stipulated sum is possible even without a written contract.

Because our Civil Act follows the ‘principle of freedom from formality,’ which does not restrict the form of a contract, if an agreement to pay money between the parties is proven, a verbal agreement is also recognized as a valid contract.

However, the key to a lawsuit for a stipulated sum is 'proof.’

Under the principle of the burden of proof in the Civil Procedure Act, the claimant must prove the specific content of the agreement (timing, amount, conditions, and the like).

For this purpose, indirect materials such as text messages, KakaoTalk, call recordings, and account transfer records are used as evidence.

If it is proven through such materials that the parties clearly promised to exchange money, winning the case may be possible even without a written contract.

Conversely, if the content of the agreement is unclear or the payment conditions are not specified, the court may judge it to be a mere act of goodwill with no legal binding force and dismiss the claim.

In particular, if the other party disputes by claiming that it "was not a finalized promise" or that "the conditions were not fulfilled," how the circumstances at the time are legally reconstructed has a decisive impact on winning or losing.

Therefore, if you are preparing a lawsuit for a stipulated sum in a situation where there is only a verbal agreement, you must proactively organize objective materials to support your assertions.

Depending on the circumstances, you must review not only whether the agreement was established but also a change in the purport of the claim to damages or the return of unjust enrichment, so it is advisable to establish a systematic strategy with the assistance of an attorney from the early stage.

If a judgment tailored to your specific situation is needed, we recommend that you confirm an accurate response plan through a legal consultation with an attorney specializing in civil law.