Subcontract | Non-Referral Decision on a Wrongful Occupational Embezzlement Charge Following a Subcontract

The client, who had entered into a subcontracting agreement, was the representative director of a company operating a construction business.

The complainant was a person who had entered into a subcontracting agreement with the client and had commissioned the client to perform interior construction work.

In the course of receiving and performing the complainant’s interior construction work, the client learned that the complainant’s company was engaged in various businesses.

Accordingly, the client and the complainant agreed to secure interior construction orders from the complainant company’s customers, with the client carrying out the construction, and to divide the net profits of the interior construction contracts with the complainant.

It was also agreed that the complainant would pay part of the interior construction order amount to the client’s company as an advance, and that the complainant would receive the remainder from the customers in installments and pay a certain proportion to the client’s company.

In order to begin performing the terms of the contract, the client and the complainant set up an interior model house, and it was agreed that the client would handle its operation.

The purpose for which the client and the complainant entered into the subcontracting agreement was to conclude interior construction contracts with the complainant company’s customers and thereby generate substantial profits.

A 🔗subcontract, put simply, refers to a contract with a subcontracting business.

It refers to a contract between the contractor and a third party, concluded again so that the third party performs the work that the contractor is supposed to do.

Put simply, when a large company takes on a construction project, it refers to that large company not performing the entire project alone but entrusting part of it to a small or medium-sized enterprise.

Subcontracts are often concluded when a larger company entrusts work to a smaller company, and as with the client in this case, there is a considerable risk of being placed in an unfair situation by not receiving payment.

To prove that the charge of occupational embezzlement was not true, the attorney argued the contents of the contract and the fact of the complainant's non-payment of the price, and conducted the defense as follows.

The client, who had been anxious over a subcontracting contract dispute, obtained a non-referral decision on the charge of occupational embezzlement.

The client was in a difficult situation, having failed to receive proper payment after the subcontracting contract, and the situation had even reached the point of losing the will to live after being subjected to a charge of occupational embezzlement through the complainant's false accusation.

However, with the assistance of this firm's attorney, the client obtained a non-referral decision and expressed gratitude at being able to feel some relief.

When entering into a contract between businesses, such as a subcontracting contract, many legal disputes are encountered.

This firm provides one-stop legal services, from prior consulting before a subcontracting contract, to handling settlements during the performance of the contract, and responding to criminal and civil litigation when a dispute arises after the contract.

If you are in a situation requiring legal assistance related to a subcontracting contract, please proceed right away with a 🔗legal consultation appointment.