Civil Trial Procedure | Corporate Client Whose Claim for the Price of Goods of 100 Million Won Was Granted Through a Civil Trial

The client, as the representative of a company responsible for collecting and transporting recyclable waste, entered into an oral supply contract with Mr. A (hereinafter the defendant), the representative of a company that produces recycled paper, and delivered a fixed quantity of waste paper each month.

Under the contract, the client delivered approximately 200,000 kg of waste paper to the defendant over a total of three occasions, and the amount the client was to receive reached approximately 300 million won.

However, the defendant remitted only 200 million won of the 300 million won price of goods to the client and did not pay the remaining 100 million won.

The client contacted the defendant several times to demand payment of the price of goods, but the defendant refused to pay, asserting that the unit price of the waste paper had fallen and that there was no obligation to pay.

The client therefore requested assistance from a civil litigation attorney at Daeryun Law Firm regarding civil trial procedure in order to recover the unpaid money through a claim for the price of goods.

1) Rebuttal of the Defendant's Assertion

The defendant refused to pay, asserting that the unit price of the waste paper had fallen.

In response, the civil litigation attorney argued, on the basis of the tax invoices and transaction records, that the client and the defendant had entered into an oral contract at approximately 300 won per kilogram of waste paper, and that this unit price was included in the terms of the contract.

The defendant then asserted that the unit price of the waste paper had fallen to approximately 200 won, but the attorney rebutted the defendant's assertion on the grounds that a change in market price alone cannot alter the terms of a contract that has already been formed, and that the existing unit price must be maintained absent a separate agreement.

2) Proof of the Fact That the Unpaid Price Arose

By considering together the delivery records of the waste paper, the weighing records, the tax invoices, and the fact that part of the price had actually been paid, the civil litigation attorney proved that the defendant had not paid approximately 100 million won of the price even though the client had fully performed the obligation to deliver the goods under the contract.

In particular, the attorney emphasized that the fact that the defendant had first remitted 200 million won, a part of the total price, could be regarded as an acknowledgment of the contract and of the payment obligation itself, and clearly explained to the court that a payment responsibility also existed for the remaining price.

As a result of the civil litigation attorney systematically assisting throughout the civil trial procedure, the court determined that the defendant's refusal to pay the price of goods on the ground of the decline in the unit price could not be regarded as a legitimate reason, and that the defendant had an obligation to pay the remaining price under the contract.

Accordingly, the court rendered a judgment ordering the defendant to pay the unpaid price of goods of 100 million won.

Through the civil trial procedure, the client was able to legitimately recover the unpaid price of goods.

1) Organizing the Contractual Relationship

Even without a written contract, you must organize the terms of the contract and the unit price through text messages, tax invoices, transaction records, and similar materials that can show a transaction was formed.

2) Proof of the Fact of Delivery of the Goods

Proving that the goods were actually delivered is a core element of the litigation.

objective materials such as weighing slips, receipt confirmation materials, and transport records.

3) Securing Grounds for Nonpayment of the Price

how the claimed amount was calculated, and a process of distinguishing and organizing the amount already paid and the unpaid amount is necessary.

A claim for the price of goods has a relatively short extinctive prescription of three years, and it involves complex procedures requiring a judgment on the legal effect of the contract, the gathering of evidence, and oral argument in court.

If the process of preparing on your own feels burdensome or you feel a limitation in responding, requesting assistance from a civil litigation attorney at Daeryun Law Firm can be one option.

Depending on the matter, a civil litigation attorney can establish a strategy that takes the client's interests into account by collaborating with experts in each field, such as tax accountants, certified public accountants, and labor attorneys.

For a review of and response to civil trial procedure as a whole, we encourage you to consult with a civil litigation attorney through the 🔗Legal Consultation Booking.