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SOL & LUNALaw Firm Myeong

Civil Litigation

For foreign residents in Korea · Pyeongtaek

People who are owed money tend to arrive with the same three worries. Does this really have to go to court, will it cost more than it recovers, and if I win, will I actually see the money?

Add one more if you are living here as a foreigner: whether a court you have never dealt with, working in a language that is not yours, will treat your claim fairly.

The order that helps is this — decide what you want out of it before deciding how to pursue it. Sometimes that is recovery. Sometimes it is a judgment you can enforce later. The method follows from the goal.

Is this you?

If any of these apply, this page is for you.

  • You lent money and have not been repaid, or the person has stopped responding
  • Payment for goods or services keeps being postponed
  • A contract was broken and you were left out of pocket
  • A deposit or an investment has not been returned
  • You have been served with a complaint from a Korean court
  • You have received a payment order

How the process works

Find where your case is now.

  1. Review before you file

    Whether you have a basis to claim, whether the evidence proves it, and whether the limitation period has run.

    What you can do at this stage — Gather transfer records, messages, and anything else that shows the transaction. If you are worried assets will disappear, provisional attachment can be considered now rather than later.

  2. Claiming before litigation

    A formal written demand, or a payment order where there is little real dispute. Both are faster and cheaper than a lawsuit.

    What you can do at this stage — Send the demand, or apply for a payment order. If the other side does not object, a payment order becomes final on its own.

  3. Filing and arguing the case

    The claim is filed and the two sides exchange written arguments and evidence. Many cases end in a court-brokered settlement rather than a judgment.

    What you can do at this stage — Submit arguments and evidence, apply for fact-finding enquiries or expert valuation where objective proof is needed, and negotiate through the court.

  4. Judgment

    The court decides whether to grant the claim.

    What you can do at this stage — Decide whether to appeal, within the period allowed.

  5. Enforcement

    A final judgment does not move money by itself. If the other side still does not pay, you have to find assets and enforce against them.

    What you can do at this stage — Apply for asset disclosure and asset searches, and attach bank accounts, wages, or property.

A judgment is not the end of recovery — it is the start of it. And even where there is nothing to collect today, a judgment lets you enforce later, if the other side acquires assets.

What We Will Tell You Honestly

  • Whether your claim is worth litigating at all, once court costs, time, and the odds of actually collecting are counted.
  • What evidence Korean courts weigh heavily — and whether you have it.
  • When a demand letter or negotiated settlement gets you more than a lawsuit.

Frequently Asked Questions

Does this have to go all the way to a lawsuit?

Often not. A formal demand resolves some disputes outright, and where there is little genuine argument a payment order is quicker and cheaper than suing. Many cases that are filed still end in settlement. The method should be chosen for the case, not by default.

I received a court document. How long do I have?

Deadlines are the part you cannot recover from. If you have been served with a complaint, you have 30 days to file an answer — do nothing and the court can decide on the other side’s account alone. A payment order has to be opposed within two weeks of the day you received it; once that passes it stands as final. Check the date on what you received and tell us that first.

There is no written loan agreement. Can I still recover?

Frequently, yes. Bank transfer records, messages, and call recordings can establish that money was lent. What is possible depends on what you actually have, so bring it and we will tell you where it puts you.

The other side says they have nothing. Is suing pointless?

Understand the sequence first: there is no legal route to inspect someone’s assets before you have a judgment. Asset disclosure and asset searches only become available afterwards. So "do they have anything" is usually a question answered after judgment, not before — which is exactly why some people sue for the judgment itself.

If I win, does the other side pay my costs?

Court costs generally follow the result, and attorney fees are recoverable within limits set by court rules — not necessarily the full amount you paid. We will tell you what that gap looks like in your case before you commit.

Can I just get a consultation and decide later?

Yes. You are not committing to anything by booking one. Plenty of people book an assessment, find out where they stand, and decide to do nothing — sometimes with our agreement. Knowing your position first is the point.

Fees for this area

We tell you the cost from the start.

Retainer from ₩3,000,000

Figures shown are exclusive of VAT.

It depends on the amount claimed and how difficult the claim is to prove. The exact figure is quoted after we review your case, and it does not grow while the case is running.

Pre-litigation steps such as a payment order can cost considerably less. We do not recommend litigation with poor prospects — but recovery is not always the only purpose, so we start by working out what the case is for.

See full fee information

Guides in this area

Discuss Your Case

Consultation with the Attorney

60 minutes · ₩150,000 (approx. US$110), VAT included

If the consultation ends within 30 minutes, you pay only ₩100,000 (approx. US$70).

We review the facts and your documents, then tell you the legal issues and how we would approach them. The same fee whichever language you speak, Korean or English — conducted by the attorney who would actually handle your case, not by staff, and not through an interpreter.

The same fees are published on our Korean-language site.

This page provides general information only and is not legal advice. Outcomes depend on the specific facts of each case. No attorney–client relationship is created by viewing this page or submitting an inquiry.

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