Procedure When You Receive a Complaint (Defendant)

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Receiving the copy of the complaint
2. 2Submission of an answer
3. 3Hiring a lawyer / organizing evidence
4. 4Preparatory briefs / counterclaim
5. 5Mediation / recommendation of settlement
6. 6Hearings
7. 7Pronouncement of judgment
8. 8Appeal

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The time until the 1st-instance judgment differs from case to case, so check the progress with the panel handling the case

Cost

Submitting an answer or preparatory briefs is itself free; a counterclaim requires a stamp fee and service fee; an appeal requires a stamp fee (1.5 times the 1st instance) and service fee; plus lawyer's fees

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   You receive from the court a copy of the complaint (a copy of the complaint filed by the other party) and guidance on submitting an answer. The day of receipt is the starting point for every deadline, so write down the date of receipt and the case number. If you do not accept the mail or return it, it is treated as received through service by dispatch or service by public notice, and the trial may proceed without your knowledge.

2. 2

   Submit an answer to the court that sent the complaint within 30 days from the day of receiving the copy of the complaint (Civil Procedure Act §256). In the answer, write whether you admit or dispute the claim, and why. If you do not submit it, the court treats the plaintiff's claims as admitted and may pronounce judgment for the plaintiff without a trial (judgment without pleadings) (§257). If a detailed rebuttal is difficult, write only that you 'dispute the claim', submit it within the deadline, and supplement it later with a preparatory brief.

3. 3

   Check the cause of the claim in the complaint (the reason for demanding money) item by item, and organize rebuttal materials such as contracts, deposit records, texts, and recordings. You need to sort out the facts for each item to clearly state which parts you dispute in the answer and preparatory briefs. If the amount claimed is large or the facts must be disputed, hire a lawyer and submit a power of attorney for litigation to the court.

4. 4

   Submit specific arguments and evidence in preparatory briefs, and rebut the plaintiff's briefs. If the plaintiff owes you something, you can file a counterclaim (a cross-suit) before the pleadings close so that both are decided in one trial. A counterclaim cannot be filed after the pleadings close, so do not miss the timing. The court may also hold a preparatory hearing to organize the issues (Civil Procedure Act §279–§282).

5. 5

   The court may refer the case to mediation or send a decision recommending settlement. If mediation succeeds, the mediation record has the same effect as a final judgment. A decision recommending settlement becomes final if no objection is filed within 2 weeks from the day of receiving it (Civil Procedure Act §225, §226, Civil Conciliation Act §29, §30, §34). Once final, you may face compulsory execution if you do not perform as stated, so decide within the deadline whether to accept it.

6. 6

   Hearings are held in open court. On these days, both sides present their arguments, and evidence is examined through witness examination, expert appraisal, document production, and so on (Civil Procedure Act §258). They may be held several times. If the defendant does not appear, the trial proceeds by treating only the submitted briefs as having been stated (§148).

7. 7

   When the pleadings close, judgment is pronounced within 2 weeks (at the latest within 4 weeks) and the written judgment is sent by mail (Civil Procedure Act §207). A losing judgment with a declaration of provisional execution can be executed even if you appeal, so you must separately apply for a stay of compulsory execution.

   Current step
8. 8

   If you cannot accept the judgment, file a notice of appeal with the 1st-instance court within 2 weeks from the day of receiving the written judgment (Civil Procedure Act §396). Then you must submit a statement of grounds for appeal within 40 days from the day of receiving the notice of receipt of the litigation record (extendable once by 1 month). If you do not, the appeal is dismissed (appeals filed on or after 2025.3.1, §402-2, §402-3). If you do not appeal within 2 weeks, the judgment becomes final and the other party can carry out compulsory execution.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhen do the 30 days start? Does it count if a family member received the complaint for me?

It is 30 days starting from the day after you actually received the copy of the complaint. Even if a family member living with you or an employee received it for you, it counts as received on that day.So count from the day it was actually received, not from the date printed on the envelope. If the last day falls on a Saturday or public holiday, the deadline is the next weekday.

QWhere and how do I submit the answer, and is there a form?

Submit it to the court that sent the complaint (the panel whose case number is written on it). If you register as a user on the Supreme Court's e-litigation website, you can also submit it from home.You can get the form from the e-litigation website or the court's civil affairs office. No stamp (fee stamp) is attached, and you submit as many copies as there are plaintiffs.

QWhat should I write in the answer? What if I can't write it in detail?

Write whether you admit or dispute the claim, and why. If it is hard to write in detail, write only 'I dispute the claim; specific details will be submitted later in a preparatory brief' and submit it within 30 days.You may supplement the specifics later with a preparatory brief (a document setting out your arguments).However, do not write any sentence admitting something that is not true. What you write in the answer is treated as your own position.

QThe other party hired a lawyer. Can I handle it alone?

It is possible but not easy. You can conduct a civil lawsuit yourself, and it proceeds just by submitting documents and attending.But if the other party has hired a lawyer and the amount claimed is large, or the case needs witness examination or expert appraisal, it is hard to respond alone. In a single-judge case with an amount in controversy (the amount claimed) of KRW 100 million or less, a spouse or a relative within the 4th degree may represent you with the court's permission.

QWhat happens if I cannot go on the trial date?

If the defendant does not appear, the trial proceeds by treating only the submitted answer and preparatory briefs as having been stated. If both sides fail to appear twice and no one applies for a new hearing date within 1 month, the lawsuit is deemed withdrawn.If attending is difficult, it is safer to apply for a change of the hearing date in advance. If the court permits, you may also apply for a video trial (a trial you join by video).

QI lost. If I appeal, does execution stop? How much does it cost?

An appeal alone does not stop it. A judgment with a declaration of provisional execution (permission to execute before finality) can still be executed even if you appeal, so you must separately apply for a stay of compulsory execution.The appeal stamp fee is 1.5 times the 1st-instance stamp fee, plus the service fee. You must file a notice of appeal with the 1st-instance court within 2 weeks from the day you received the judgment, and once this deadline passes, it cannot be undone.