Deals & Cases
Incheon Construction Attorney | Incheon Construction Attorney Who Recovered Construction Payment
The Incheon Construction Attorney represented a client who, seeking to recover construction payment, looked for an attorney with extensive experience in construction cases in Incheon. The Incheon Construction Attorney recovered the construction payment.
1. The Client Who Looked for an Incheon Construction Attorney
The client who looked for an Incheon Construction Attorney requested assistance in order to recover construction payment.
The Incheon Construction Attorney set out to review the facts of the case in order to assist with the client's case, and the details were as follows.
The client explained that they had paid construction payment to the defendant in this case, a person who runs a construction business, and entrusted the construction to the defendant, but the construction was not properly completed.
The client wished to build a basketball court and a storage facility in order to run a children's basketball class.
The defendant presented a quotation to the client, stating that the construction would be completed within two months.
Accordingly, the client paid part of the construction payment to the defendant in advance and entered into the contract in accordance with the quotation.
However, the defendant performed only part of the agreed construction work and did not continue with the remaining work even after the two months had long passed.
The client then demanded the return of the construction payment, but the defendant left only the word that the construction payment had been used to purchase materials needed for the construction and could not be returned, and was not answering the client's calls.
In this situation, the client looked for an Incheon Construction Attorney in order to recover the construction payment.
2. Construction Payment Explained by the Incheon Construction Attorney
The Incheon Construction Attorney's client came seeking to recover construction payment.
Construction payment refers to the money that the party commissioning the work pays to the contractor upon completion of the agreed construction work.
Ordinarily, when a contractor has not been paid construction payment, the contractor pursues a construction payment lawsuit.
In this case, however, the client had paid the construction payment, but the construction was not properly completed, so a lawsuit for the return of construction payment had to be pursued.
Learn about construction payment lawsuits
Evidentiary Documents for a Construction Payment Lawsuit Explained by the Incheon Construction Attorney
The Incheon Construction Attorney's client had to become the plaintiff in a lawsuit for the return of construction payment and conduct the litigation.
In a construction payment lawsuit, the burden of proof lies with the plaintiff.
Accordingly, to file a lawsuit for the return of construction payment, one must attach the construction contract, the quotation, the building handover document, the current state of construction, and the like in order to prove that the construction was not properly carried out.
This process can be quite complex and difficult for an individual to handle, so consulting an attorney can be helpful.
3. The Lawsuit Filed by the Incheon Construction Attorney
The Incheon Construction Attorney filed a lawsuit claiming the return of construction payment in order to recover the client's construction payment, arguing as follows.
Incheon Construction Attorney: “The Defendant Did Not Complete the Construction Work but Is Refusing to Return the Payment”
The Incheon Construction Attorney emphasized that the defendant in this case was refusing to return the construction payment even though the defendant had not completed the construction work.
The client paid the construction payment to the defendant, but the defendant did not carry out any of the main work needed to build the basketball court even after the agreed period had long passed.
During the period of the construction delay, the client continued to pay monthly rent on the leased land, but the defendant did not complete the construction work even by the time the lease ended.
Although the defendant should return the construction payment to the Incheon Construction Attorney's client, the defendant is currently ignoring the client's calls.
Incheon Construction Attorney: “The Contract in This Case Was Rescinded Due to the Defendant's Fault”
The Incheon Construction Attorney emphasized that the contract in this case was rescinded due to the defendant's fault.
While the defendant did not complete the construction in accordance with the contract with the client, the lease of the land that the client had rented to build the basketball class ended.
This shows that, due to the defendant's fault, the defendant's obligation to complete the construction became impossible to perform.
Accordingly, the attorney argued that the construction contract between the Incheon Construction Attorney's client and the defendant had been rescinded, and that the defendant should return the construction payment to the client.
Learn about contract termination
4. The Judgment Led by the Incheon Construction Attorney

As a result of the lawsuit filed by the Incheon Construction Attorney, the court issued a judgment ordering the defendant to return the full amount of construction payment claimed by the client.
The defendant did not complete the agreed construction work, did not return the construction payment to the client, and instead maintained a brazen attitude, claiming that material purchase costs had been incurred.
Because the client sought the assistance of the Incheon Construction Attorney, a judgment granting the full claim could be obtained.
If a construction payment issue arises, as in this client's case, please feel free to seek assistance through an attorney referral at any time.
An attorney with extensive knowledge and skill in construction contract law, the Civil Act, the Commercial Act, and the like will take responsibility for the client's case from beginning to end.

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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