Agreed Payment Litigation Lawyer | Getting paid what you were promised

Agreed Payment Litigation | What you need to prove — and how

The core of an agreed payment case is showing the court that a specific payment obligation existed and that it has not been fulfilled. Courts start from the general principle that a party asserting a contractual right must prove the contract's existence and terms.

Written agreements vs. verbal promises

A signed agreement, settlement document, or text/email exchange confirming the payment term is the strongest evidence. Verbal promises are enforceable in principle, but proving their exact terms without corroborating evidence (witnesses, later messages referencing the promise, partial payments) is far harder in practice.

Conditional payment clauses

Many disputes arise because the agreement made payment conditional — 'once the sale closes,' 'after project completion,' 'if X is achieved.' The claimant must show the condition was satisfied, or that the other party is responsible for the condition failing to occur, before the money becomes due.

Interpreting ambiguous terms

Where the wording is unclear, courts look at the parties' actual intent, the negotiation history, and how the parties behaved after signing (민법 제105조 governs private autonomy in contract terms, but courts still interpret ambiguous language using surrounding context rather than the words alone).

Agreed Payment Litigation | Common defenses the other side raises

Defendants rarely admit the agreement and simply refuse to pay outright — most defenses attack whether the agreement is valid, whether the amount is correct, or whether the claim was filed too late.

Invalidity or duress

A defendant may argue the agreement was signed under duress, mistake, or fraud, making it voidable, or that it violates public policy, making it void from the start (민법 제103조, 민법 제110조). These arguments shift the burden onto the defendant to show the specific defect.

Partial performance or setoff

A common defense is that some of the amount was already paid, or that the defendant has a separate claim against the claimant that should be offset against the debt (민법 제492조). Bank records and receipts become critical here.

Statute of limitations

General civil claims are subject to a 10-year limitation period, but claims tied to commercial transactions can be shortened to 5 years, and certain periodic payments (rent, interest, wages) fall under a 3-year period (민법 제162조, 상법 제64조, 민법 제163조). Whether a promised payment falls into the shorter category is often disputed.

Agreed Payment Litigation | Getting paid after you win

A judgment ordering payment doesn't collect the money by itself — enforcement is a separate step, and it matters early because assets can disappear before the case even ends.

Pre-judgment asset preservation

If there's a real risk the other side will sell or hide assets during litigation, a provisional attachment (가압류) can freeze bank accounts, real estate, or receivables before the case concludes (민사집행법 제276조).

Post-judgment enforcement

Once a final judgment is obtained, collection proceeds through compulsory execution — attaching deposits, wages, or property, or forcing an auction of real estate. If the debtor's assets are unclear, a court can order asset disclosure to locate them (민사집행법 제61조).

Agreed Payment Litigation | From consultation to collection

Agreed Payment Litigation | How fees are typically calculated

※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.

Agreed Payment Litigation | Self-Check Before You File

Frequently Asked Questions

Official References

• Korea Law Information Center — https://www.law.go.kr
• Easy-to-Find Everyday Legal Information — https://easylaw.go.kr
• Korea Legal Aid Corporation — https://www.klac.or.kr