Mokpo Attorney Consultation | Assisting the Client to Obtain a Decision Granting the Full Settlement Amount

The client who received the Mokpo attorney consultation had entered into a consignment store contract with the defendant and then performed the work of managing the defendant's store.

After the two-year contract term ended, the client and the defendant renewed the contract for another two years.

As the second contract term was coming to an end, the defendant asked the client to ‘continue working only until the next manager was found’ and requested a signature on a revised contract.

However, the client asked how long he would have to manage the store if no next manager was selected, and the defendant explained that the client would only need to manage it for about three months from the scheduled contract end date, after which the client signed the revised contract.

The promised three months passed, and the client gave the defendant notice of termination of the contract, but the plaintiff replied that, in accordance with the contract, the client had to manage the store until the next manager was selected.

The client requested the settlement amount of 10% of monthly sales set out in the contract with the defendant upon termination of the contract, but the defendant did not accept this.

The client ultimately resolved to recover the settlement amount along with 🔗rescission and termination of the contract through a lawsuit, and so requested a consultation from the Mokpo attorney.

A settlement amount claim lawsuit is a lawsuit filed with the court to distribute investments, profits, residual assets, and the like when a business partnership ends.

A settlement amount claim lawsuit usually arises from grounds such as termination of a contract, dissolution of a joint business, or termination of an employment contract.

It is pursued when a business partner's contract has been terminated but the agreed settlement amount has not been paid, when a joint business has been dissolved but an accurate settlement of an individual's investment or profits has not been made, or when severance pay or unpaid wages have not been received upon resignation.

A settlement amount claim lawsuit begins by preparing a complaint that presents the exact amount claimed and its grounds.

The lawsuit then proceeds by submitting the complaint to the court and filing the suit.

A point to note in a settlement amount claim lawsuit is that clear grounds for the claim must be secured.

Through a consultation with an experienced attorney, it is important to secure contracts, transaction records, and other materials that may serve as the basis for a settlement amount claim lawsuit.

In addition, although it varies depending on the cause of the claim, an extinctive prescription period applies to claims, so it is recommended to keep this in mind when pursuing the lawsuit.

Under the terms of the contract in this case, the client and the defendant accumulated 10% of monthly sales for the client and entered into a contract under which the client would receive this as a settlement amount upon termination at the expiry of the contract.

Through the Mokpo attorney consultation, the client submitted the contract as evidence and argued that the settlement amount accrued to date totaled 40 million won, requesting its return.

Through the Mokpo attorney consultation, the client argued that he had fulfilled his obligations under the contract with the defendant.

Despite the expiry of the contract term, the client continued working for about three more months at the defendant's request to keep managing the store.

The client had clearly communicated, even before the expiry of the contract term, his intention not to renew the contract, and he also accommodated the defendant's request for additional work.

The Mokpo attorney argued that the client no longer had any obligation to manage the store in this case and emphasized that the settlement amount under the contract should be paid.