Civil litigation is not a procedure for voicing a grievance; it is a procedure for proving the required facts with evidence. On the same facts, the result changes with how the cause of action is framed and with which evidence is presented, and in which order. And once the other side has disposed of its assets, even a winning judgment stays on paper.
So Daehanjoongang goes back to the structure of the case before writing the complaint. What can be claimed; which facts have to be proved for that claim to succeed; whether the material to support those facts is already in hand; and if not, whether it can be obtained by an order to produce documents, an inquiry to an institution or an appraisal. If the prospects of recovery look poor, we say so plainly.
It is also a principle that the attorney who takes the consultation keeps the case. The person who drafts the briefs, appears at the hearings and carries the matter through to enforcement should be the person who heard the story first, so that the thread of the case is never lost part way. Where a case is large or the issues branch in several directions, a task force of one to twenty attorneys reviews the same case from several angles.
The seven principles below are the standards Daehanjoongang has kept to, case by case, throughout that process.
The seven principles of the Daehanjoongang civil teamThe standards our civil litigation attorneys at the Haeundae office have kept to on every case.
1. The attorney you consult keeps the case through to judgment
The attorney who first hears the case drafts the complaint and the briefs, appears at the hearings in person, and carries the matter through the steps after judgment.
When the person in charge changes midway, the circumstances the client explained and the context of the case tend to fall out of the briefs. In disputes such as damages or loan recovery, where the history between the parties decides the outcome, someone who has only inherited the file struggles to reconstruct that context.
That is why the civil litigation attorney at our Haeundae office keeps the same case from the first consultation to the judgment.
2. The claim is designed before the complaint is written
Before any brief is drafted, we set out what can be claimed and which required facts must be proved for the claim to succeed.
Even where the aim is the same money back, whether the claim is framed as loan recovery, unjust enrichment or damages changes the facts to be proved and the limitation period. Choose the wrong cause of action and a case with favorable facts can be dismissed; amend it late and the time and cost double.
Daehanjoongang reviews the relief sought, the cause of action and any alternative claim together before the complaint is filed.
3. Not whether the case can be won, but whether the money can be recovered
At the filing stage we also check whether the other side has assets that can be enforced against, and whether they are at risk of being disposed of during the case.
A judgment is only a title to enforce: even a final judgment recovers nothing if no attachable assets remain. So where the case calls for it, we apply for a provisional attachment of real estate, of bank deposits or receivables, or for an injunction against disposal, at the same time as the complaint is filed, to secure the assets.
If the prospects of recovery look poor, we tell you exactly that. A judgment on whether the money can be recovered matters more to a client than a promise that the case can be won.
4. Evidence is secured by procedure, not by instinct
Material that is not in hand is brought in through the procedures the Civil Procedure Act provides: documents held by the other side or a third party by an order to produce documents, records held by an institution by an inquiry, and the flow of funds by an order to produce financial transaction records.
Where expert judgment is needed, such as the value of completed work in a construction payment case, the residual disability after a traffic accident or the cost of repairing a defect, we apply for an appraisal and contest it.
We also plan which evidence goes in at which hearing. Evidence submitted out of sequence only gives the other side time to prepare.
5. The scope of representation and the fees are fixed before the engagement
Before the engagement is signed we explain how far the representation extends, whether the appeal and enforcement are included, and how out-of-pocket costs such as stamp duty, service fees and appraisal fees are settled.
If an unexpected cost arises during the case, we tell you first and proceed only after agreeing it. Without a transparent fee structure, a client loses the basis for judging litigation strategy.
6. The case does not end with the judgment
We review the first-instance judgment for errors of law and of fact and decide together whether an appeal is worth pursuing. An appeal must be filed within two weeks of service of the judgment, so the review begins immediately after it is pronounced.
Once the judgment is final, we proceed through asset disclosure and asset inquiry to the attachment and collection of bank deposits, wages and real estate.
For the client, the case ends not on the day of judgment but on the day the money is actually recovered.
7. The team grows only where the case needs it
Where the issues branch in several directions or the parties are many, a task force of one to twenty attorneys reviews the same record from several angles. A damages calculation entangled with accounting issues, or a case that also raises real estate and lease questions, falls into this group.
Conversely, we do not add people to a case whose issues are clear. A team out of proportion to the case changes nothing about the result and only raises the cost.
Civil litigation: frequently asked questionsThe questions our civil litigation attorneys at the Haeundae office hear most often in consultations.
Before signing, it is worth confirming whether the attorney you consulted will actually draft the briefs and appear at the hearings, whether the scope of representation includes the appeal and enforcement, and who bears out-of-pocket costs such as stamp duty, service fees and appraisal fees. Daehanjoongang's Haeundae office sets these three points out in writing before the engagement.
Yes. A judgment is only a title to enforce; actual recovery requires the other side to still have attachable assets. If real estate is sold or bank deposits are moved during the case, recovery becomes difficult even with a final judgment. That is why we check the other side's assets at the filing stage and, where necessary, apply for a provisional attachment or injunction together with the complaint to secure the assets.
We use the evidence-gathering procedures the Civil Procedure Act provides. Documents held by the other side or a third party can be obtained by an order to produce documents (Article 344), records kept by an institution by an inquiry, and bank records by an order to produce financial transaction records. Where expert judgment is needed, such as the amount of damages or the extent of a defect, we apply for an appraisal.
It varies widely with the number of issues and the scope of the evidence. A case with little in dispute can be resolved comparatively quickly through a payment order or the small claims procedure, while a damages or construction payment case that needs an appraisal or witness examination can take more than a year at first instance alone. Rather than promise a timeline, we explain first which procedures the case needs, how long each takes, and whether it is really necessary.
Yes: file an appeal within two weeks of service of the judgment and the case is heard again on appeal (Civil Procedure Act, Article 396). Repeating the same arguments as at first instance rarely changes the result, though, so we first analyze the judgment for errors of law and of fact and assess whether an appeal is worth pursuing.
In civil litigation, when you act changes the result
Request a consultation online and a member of the team contacts you; a case that needs a provisional attachment or injunction is reviewed at once.
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