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I am curious about the procedure for collecting commercial claims.

I run a distribution company. A few months ago, I supplied goods to a client, but they still have not paid, so I have been pressing them for payment several times. There was no special agreement in the contract, and at the time of the transaction I issued only a tax invoice and an invoice. I am curious about what legal procedures I can use to collect the commercial claim.

commercial claims

Answer to Related Inquiry

Author: 정찬우

The situation you have described is a claim for payment arising in the course of a commercial transaction (the supply of goods) with a client, so it constitutes a commercial claim under Articles 46 and 64 of the Commercial Act.

Therefore, as in your case, an outstanding amount arising from a supply or credit transaction between business operators is a representative example of a commercial claim.

In order to collect a commercial claim, first, in order to clearly notify the client of the existence of the claim and of the request for payment, you send a certified content-proof letter.

At this stage, it has greater legal effect than a mere verbal demand, and in a later lawsuit it can also be used as evidence of an interruption of prescription, showing that 'performance of the debt was demanded.'

If the debtor continues not to pay, you can apply to the court for a payment order.

A payment order proceeds solely on the basis of documents, and if the other party does not raise an objection, it becomes final as a title of execution (a document that enables compulsory execution).

Because it takes little cost and time, it is a procedure frequently used in the collection of commercial claims.

However, if the debtor objects to the payment order or the amount of the claim is in dispute, you must proceed by way of a civil lawsuit.

At this time, if you submit as evidence a tax invoice, a transaction statement, an invoice, deposit records, and text messages or emails, you can prove the existence of the claim.

In the case of a commercial claim, the burden of proof is sometimes relaxed under the Commercial Act, so even without a written contract, there is a sufficient possibility of making a claim.

Since the extinctive prescription for most commercial claims is five years, in order to prevent the outstanding amount from being left unattended for a long period, you must interrupt the prescription before it is completed by sending a certified content-proof letter, filing a lawsuit, or making a provisional attachment.