Agreed Payment Litigation Lawyer
Agreed Payment Litigation Lawyer | Getting paid what you were promised
An "agreed payment claim" (약정금 청구) is a civil lawsuit to recover money that one party promised to pay another under an agreement — whether that agreement is a formal contract, a settlement, a memorandum, or even a verbal promise later confirmed in writing. Unlike a straightforward loan claim, these cases often turn on interpreting exactly what was promised, whether conditions attached to payment were met, and whether the agreement itself is valid and enforceable (민법 제105조, 민법 제563조). Because the underlying agreements vary so widely — settlement money, severance bonuses, investment returns, unpaid installments — the court's first task is almost always figuring out what was actually agreed before it decides whether it was breached.
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
A lawyer reviews the underlying document (or reconstructs the verbal agreement from surrounding evidence) to assess whether the payment obligation is clear and due.
A formal written demand is often sent first, both to give the other side a chance to pay and to create a clear record of when the claim was asserted, which matters for interest calculations and limitation periods.
Where there's a flight risk on assets, a provisional attachment application is filed before or alongside the main lawsuit to secure future collection.
The complaint sets out the agreement, the amount due, and the evidence supporting it. The case proceeds through pleadings, evidence submission, and hearings, and may include witness examination if the terms are disputed.
If the claim succeeds, the judgment is used to pursue compulsory execution against identified assets, or to negotiate a settlement for voluntary payment.
Agreed Payment Litigation | How fees are typically calculated
Usually set based on the claimed amount, since court filing fees and the complexity of proving the agreement's terms scale with the size and nature of the dispute.
A success fee tied to the amount actually recovered is common, particularly where enforcement against a reluctant debtor is expected to take extra work.
Filing fees and stamp duties are calculated as a percentage of the claimed amount under court fee regulations, and are separate from attorney fees.
If a provisional attachment is needed, a security bond (often a percentage of the claim, sometimes covered by a guarantee insurance policy) must be deposited or arranged in addition to attorney fees.
Post-judgment collection (asset disclosure requests, execution filings, auction proceedings) involves additional court costs that are billed separately from the original litigation.
※ 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
1️⃣ For the party owed money
- Do you have the agreement in writing, or messages that reference its terms?
- Has the condition for payment (if any) actually been met?
- Have you calculated exactly how much is owed, including any agreed interest or penalty clauses?
- Do you know whether the other party has identifiable assets to collect from?
- Has more than a few years passed since the payment became due?
2️⃣ For the party being asked to pay
- Do you dispute that the agreement was ever validly formed?
- Have you already made partial payment that isn't being credited?
- Do you have a counterclaim that could be offset against the amount demanded?
- Was the agreement signed under pressure, mistake, or based on false information?
3️⃣ Before filing for provisional attachment
- Is there a genuine, specific risk the other side will dispose of assets?
- Have you identified specific accounts, property, or receivables to target?
- Can you prepare the required security deposit or guarantee insurance in time?
