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Complete Victory on Appeal in Contract Payment Lawsuit – Statute of Limitations Defense Prevails

26-07-03 28

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1. Case Overview
Regarding a real estate transaction completed years ago, the opposing party suddenly filed a lawsuit against the client claiming approximately 53.8 million won in purchase money and massive delay damages. The lawsuit stubbornly continued from the first trial to the second trial (appellate court), leaving the client under severe financial and mental distress.


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2. Attorney Assistance

  • Identifying the opponent's contradiction: The opposing party attempted to delay the due date for payment to gain an advantage in the trial. However, Law Firm Theo's legal team sharply caught the opponent's confession recorded in the initial documents, completely blocking their forced argument.
  • Proving the commercial statute of limitations (5 years): By proving that the transaction was not a general civil transaction (10-year statute of limitations) but a "commercial act" according to the client's business purpose, the team engaged in a meticulous legal dispute that drastically reduced the claim period to 5 years.

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3. Result of Assistance
The Suwon High Court fully accepted the meticulous legal arguments of Law Firm Theo. Obtaining a ruling that not a single penny needed to be paid as the legal period to claim the money (5 years) had already expired, the team successfully secured the dismissal of the plaintiff's appeal and perfectly defended the client. By making the opposing party bear all litigation costs, the client's unjust grievances were completely and satisfyingly resolved.


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