Civil lawsuits in Busan: claim what you are owed before time runs out

For a lawsuit to recover money, usually yes. A suit is in principle filed with the court where the defendant lives (Civil Procedure Act, Articles 2 and 3), but a suit concerning property rights can also be filed with the court of the place of performance (Article 8). Unless agreed otherwise, a money debt is performed at the creditor's current address (Civil Act, Article 467(2)), so a creditor living in Busan can file with the Busan District Court. If the contract contains a jurisdiction agreement, that court takes priority (Civil Procedure Act, Article 29).

Yes, with a provisional attachment. A provisional attachment freezes the other side's real estate, movable property, deposits and similar assets in advance to secure later compulsory execution of a money claim, and it is available even for claims not yet due (Civil Execution Act, Article 276). If, after the attachment, the other side demands that you file the main lawsuit, you must file within the period of at least 2 weeks set by the court (Article 287), so we prepare the provisional attachment and the lawsuit as one package.

Within 2 weeks of the date the judgment is served on you (Civil Procedure Act, Article 396(1)). This is a peremptory period that cannot be extended (Article 396(2)), and if the notice of appeal does not state reasons, the statement of grounds for appeal must be filed within 40 days of receiving notice that the appeal record has been received (Article 402-2(1)). The starting point is to write down the date you received the judgment.

The law says judgment should be pronounced within 5 months of the filing of the suit (Civil Procedure Act, Article 199), but this is a directory provision, so actual timing differs from case to case. It depends on whether the other side contests the claim, whether witnesses or expert appraisal are needed, and whether service goes through promptly. If the other side does not file an answer, judgment may be given without oral argument (Article 257).

Yes. Once you file the complaint, the court orders you to correct the address, and a person with a legitimate interest, such as a creditor in a debtor-creditor relationship, can obtain an abstract of the other side's resident registration to the extent needed for the lawsuit (Resident Registration Act, Article 29(2)2 and 6). If the address still cannot be found, the trial can proceed by service by public notice (Civil Procedure Act, Article 194).

Yes. In a judgment ordering payment of a money debt, damages for delay are calculated at the statutory rate of 12 percent per year from the day after the complaint is served on the other side (Act on Special Cases concerning Expedition of Legal Proceedings, Article 3(1), and the provision on the statutory rate under that Article), and for the period before that, the agreed rate or the statutory rate under the Civil Act or Commercial Act applies. This rate does not apply to the extent the other side is found to have had reasonable grounds to contest (Article 3(2)), so when you consult a Busan civil litigation lawyer, we calculate the claim amount and the start date for interest together.