Deals & Cases

Collection Claim
Collection ClaimFavorable Judgment

Busan Law Firm's Assistance | Busan Law Firm, Plaintiff's Claim in Collection Claim Litigation Dismissed

The client sought to resolve the matter with the assistance of a law firm experienced in handling various collection claim cases, and came to the Busan office to request a consultation.

1. The Client's Situation

The client held a consultation at the Busan office, seeking to work with the law firm and succeed in having the collection claim litigation brought by the plaintiff dismissed.

How the Client Came to the Busan Law Firm

The account of the client who requested a consultation is as follows.

The plaintiff, as a creditor of the client, applied for a collection order against the client, who bore an obligation to return a contract performance guarantee deposit.

However, the plaintiff, having determined that the client had not fulfilled that obligation to return the deposit, filed a lawsuit on that ground.

The client, who had determined that the collection claim asserted by the plaintiff had already been extinguished through repayment and the like, found himself in a bewildering situation.

The client came to the Busan law firm, seeking to succeed in having the plaintiff's claim dismissed with the assistance of a law firm that had handled various 🔗debt collection advisory matters.

2. The Statutes Relevant to the Case, as Explained by the Busan Law Firm

What Is Collection Claim Litigation?

This refers to a lawsuit filed where a creditor has obtained a favorable judgment but has not been paid the money, in order to attach and collect the debtor's right to receive money from another third party and to receive the money directly from that third party.

Article 582 (Action for Collection)

(1) If the garnishee fails to perform the obligation in the collection procedure, the attaching creditor may bring an action to compel performance.
(2) Each creditor holding an enforceable authentic copy has the right to join the plaintiff's side as a co-litigant.
(3) A garnishee against whom an action has been brought may, by the first date of pleading, apply to summon as co-litigants the creditors who have not joined the plaintiff's side.
(4) The judgment in the case under paragraph (3) has effect as to the creditors who have been summoned.

3. The Busan Law Firm's Assistance

The Busan law firm formed a task force of 3 to 20 professionals and reviewed the case promptly and closely.

It established a concrete strategy accordingly and, arguing as set out below, asserted that the plaintiff's claim was without merit.

The Busan Law Firm's Argument ① A Claim That Does Not Exist

The client had fully repaid the obligation to return the performance guarantee deposit before being served with the attachment of claim and collection order in this case.

Therefore, the firm emphasized that, because the attachment of claim and collection order in this case concerned a claim that had already been extinguished through repayment and thus did not exist, it was void.

The Busan Law Firm's Argument ② No Remaining Balance of the Contract Performance Guarantee Deposit

In light of the evidentiary materials, the client had paid in full the amount of the obligation to return that the plaintiff was demanding.

Therefore, the firm emphasized that, because there was no remaining balance whatsoever of the contract performance guarantee deposit subject to the obligation to return, the plaintiff's claim was without merit.

The Busan Law Firm's Argument ③ The Account Transfer Was Completed

Because problems could arise in the accounting process if funds were transferred directly from an account in the client's name to another company, the client transferred the money to a third party who was employed at the company.

On this ground, the plaintiff was claiming that the client had not repaid the debt.

The firm emphasized that, because the client had paid all of the above money by an actual account transfer, the plaintiff's argument was without merit.

4. The Court's Decision on the Busan Law Firm's Argument

The court, accepting the Busan law firm's argument, issued the decision that ‘The plaintiff's claim is dismissed. The costs of the litigation shall be borne by the plaintiff.’

The client conveyed his deep gratitude to the Busan law firm.

If You Need the Assistance of a Busan Law Firm

In this case, the client, who had been served with a collection claim lawsuit, succeeded in having the plaintiff's claim dismissed with the assistance of a Busan law firm.

In a collection claim lawsuit, the interpretation of complex transaction records, the gathering of evidence, and the application of legal principles are important, so obtaining the assistance of an attorney early in the case can be helpful.

Daeryun Law Firm has 🔗civil attorneys with experience handling a wide range of civil cases, who form a task force to resolve matters promptly.

Drawing on data from many cases, the firm reviews the issues and responds thoroughly to work toward a favorable outcome.

If you face a situation similar to this case and need the help of an attorney, please feel free to reach out to a Busan law firm.

부산법무법인 조력 | 부산법무법인, 추심금소송 원고 청구 기각

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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