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Agreed amountWinning the case (favorable judgment)

Civil Litigation Attorney Assistance | Award of 60 Million Won for a Client in an Agreed Sum Civil Suit

The client who came to a civil litigation attorney, having been unable to recover an agreed sum, resolved to bring a civil lawsuit and sought a litigation attorney who had handled numerous civil cases.

1. Client Who Came to the Civil Litigation Attorney

Civil litigation attorney proceeding with a lawsuit for return of an agreed sum

This is a case in which a client who came to a civil litigation attorney proceeded with a lawsuit together with a civil attorney and had the full agreed sum upheld.

How the Agreed Sum Lawsuit Came About

The client is a man in his 30s who agreed to jointly operate a restaurant with an acquaintance and prepared the business.

The two parties concluded a lease agreement and even carried out interior construction, and were about to open, but from the early stage there were frequent disagreements with the acquaintance over the direction of the business.

Ultimately, the client decided to withdraw from the joint venture for reasons such as work commitments, and the acquaintance also accepted this, agreeing to pay the client the investment amount and half of the sales to arise over the following three months.

However, the acquaintance did not pay the promised amount at all, and the client therefore decided to file a civil lawsuit to seek payment of the agreed sum.

He then entrusted the case to a Daeryun attorney with extensive experience in civil litigation and requested overall handling of the litigation.

2. What Is an Agreed Sum? Explained by the Civil Litigation Attorney

The civil litigation attorney explained that an agreed sum refers to money promised to be paid under certain conditions or circumstances.

It may appear in various forms, such as a down payment, a penalty for breach, or a settlement amount, and it often becomes an issue mainly in disputes such as default or damages.

Article 390 of the Civil Act provides that where a debtor fails to perform an obligation and damage results, the debtor is liable to compensate for that damage.

Statutes Related to the Agreed Sum

Civil Act, Article 390

(Default and Damages)

Where a debtor fails to perform in accordance with the substance of the obligation, the creditor may claim damages.

However, this does not apply where performance has become impossible without the debtor's intent or negligence.

Issues in the Case

The civil litigation attorney first carefully confirmed the amount the client had invested under the partnership agreement and the record of the agreed return of sales profit.

In order to prove that the amount the client had actually remitted and part of the agreed sales profit had not yet been paid, the attorney closely reviewed the financial transaction records and the contract.

In addition, the attorney established a strategy focusing on the fact that the defendant continued to refuse payment of the agreed sum and avoided contact.

3. Assistance Provided by the Civil Litigation Attorney

Content gathered for the civil litigation attorney's response strategy

The civil litigation attorney provided the following assistance so that the client could safely recover the full agreed sum.

The Civil Litigation Attorney's Argument ① | Obligation to Return

Through collaboration with the evidence investigation center, the civil litigation attorney closely analyzed the deposit and withdrawal records of the amount the client had actually invested under the partnership agreement, along with related supporting documents.

As a result of the investigation, it was confirmed that the client had remitted 60 million won to the acquaintance in stages in order to open a restaurant.

In addition, although the acquaintance, in agreeing to terminate the partnership, had agreed to pay the client the full investment of 50 million won and an additional 10 million won representing half of the sales profit to be generated over the next three months, to date he has not made a single transfer.

Accordingly, the civil litigation attorney emphasized that the opposing party was failing to perform its obligations under the agreement.

The Civil Litigation Attorney's Argument ② | The Defendant's Conduct

The client, judging that frequent contact might become a burden, did not make any separate contact with the defendant for a certain period.

However, when the agreed amount was not returned for a long time, the client attempted to make contact directly, and in response the defendant continued to make excuses without a clear reason.

The attorney emphasized that thereafter the defendant either did not answer calls at all or did not respond, showing an attitude of intentionally avoiding communication.

4. Result of the Civil Litigation Attorney's Assistance: ‘Favorable Judgment’

Case of a favorable judgment as a result of assistance from a civil litigation attorney

As a result of the civil litigation attorney's assistance, the client was able to recover the full agreed sum.

Satisfied with the outcome of the civil lawsuit, the client came to the civil attorney and repeatedly expressed their thanks.

If You Need Assistance with Civil Litigation

In the above case, the client, who had been experiencing difficulty in not being able to recover an agreed sum, was able to win the lawsuit with the prompt support of a civil litigation attorney.

Where a monetary repayment agreement is not performed and legal action becomes necessary, it is advisable to file a lawsuit with the help of a specialized attorney.

Daeryun LLC has a number of specialized attorneys with extensive experience in various civil cases, including the return of an agreed sum.

In addition, through collaboration with our in-house evidence investigation center, we thoroughly prepare the proof of the facts and the securing of key materials, protecting the client's rights to the end.

If you have decided to pursue civil litigation in a situation such as the above, please request support at any time through Daeryun LLC's 🔗legal consultation reservation.

민사소송변호사

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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