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Recovered 100% Advance Payment Plus 52 Mil KRW Penalty for Contract Breach

26-09-08 38

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1. Case Overview
The client entered into a service contract with a company and paid the advance payment in good faith. However, the opposing party continually delayed the submission of deliverables past the deadline, making excuses based on their own circumstances. Facing a critical situation where the client's business schedule was severely disrupted and operating losses were snowballing, the client sought Law Firm Theo to hold the opposing party accountable and recover the damages.
 

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2. Attorney Assistance
The legal team at Law Firm Theo in charge of the case immediately took decisive legal action.
  • Prompt Evidence Collection and Contract Cancellation: We immediately dispatched a contents-certified mail to legally clarify the opposing party's default (delay in performance) and lawfully notified them of the contract cancellation, thereby securing a favorable position.
  • Flawless Defense Against Opposing Party's Absurd Claims: When the lawsuit began, the opposing party tried to evade responsibility by claiming that "the contract itself was unfair," "the work was delayed due to the client," and "since some work was performed, we should be paid for it (quantum meruit)."
  • Rigorous Legal Attack: Theo's legal team sharply analyzed the vast amount of data and communication history exchanged between both parties. Based on this, we successfully proved to the court that the opposing party's claims were mere absurd excuses and that the cause of the contract's breakdown and 100% of the fault lay entirely with the opposing party.


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3. Result of Assistance
The court acknowledged the meticulous logic and evidentiary power of Law Firm Theo and ruled in favor of our client. All of the opposing party's unreasonable claims were rejected. The client not only received a 100% restitution of the tied-up advance payment but was also additionally awarded 52,000,000 KRW as compensation for damages (penalty) to hold the opposing party liable. Consequently, we achieved an outstanding winning verdict totaling approximately 72,000,000 KRW, completely washing away the client's grievances and financial losses.


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