Question 1

If both creditors and debtors are foreigners, is enforcement possible in Korea?

Accepted Answer

If both creditors and debtors are foreigners, is enforcement possible in Korea?채권자 채무자가 모두 외국인일 때, 한국에서 집행이 가능할까요it's possible.가능합니다.However, the following two requirements are required:다만 다음 2가지 요건이 필요합니다.The debtor's property must not have been created temporarily or accidentally in Korea. (That is, it just has to be normal property)채무자의 재산이 한국에 임시로, 우연히 생긴것이 아니어야 합니다. (즉 정상적인 재산이기만 하면 됩니다)Proceeding with legal procedures in Korea must be appropriate for redressing the plaintiff's rights. (It is good if the plaintiff has difficulty in enforcing the law in his/her own country)한국에서 법절차를 진행하는게 원고의 권리구제에 적절해야 합니다. (원고가 자기 나라에서 집행하는게 힘든 사정이 있으면 좋습니다)Precedent case in which a Chinese person filed a suit for loan against a Chinese person in a Korean court: 2016다33752중국인이 중국인에게 한국법원에서 대여금 청구소송을 한 경우의 판례 : 2016다33752

Question 2

What if we are forced to receive money from a Korean company that did not give money?

Accepted Answer

In order to enforce the other party's property, there must be a court ruling or a decision. Therefore, if you don't receive money from a Korean company, you have to proceed with a civil lawsuit in advance. Once you have a ruling or decision, you can force the other party's property, such as real estate, vehicles, and deposits. Forced enforcement usually goes through the following procedures: We can secure the property of the other party who did not pay through the process below.1. Application for a compulsory execution orderIn order to enforce property, you must first apply for a compulsory execution order to the court. A compulsory execution order is a document that specifies the compulsory execution officer who will perform the other party's property on behalf of the court and specifies the property to be subject to compulsory execution.2. Issuance and notification of a compulsory execution orderAfter the enforcement order is issued by the court, the other party should be notified of the enforcement order. A compulsory execution order is a document that specifies the obligations that the other party has to perform and the property to be enforced.3. Performance of a compulsory execution officerWhen a compulsory execution order is issued, the compulsory execution is carried out by means of seizure or sale of the means of seizure or sale of the property.4. Claim for compulsory execution costsThe cost of compulsory execution incurred in the process of performing compulsory execution shall be borne by the other party. Therefore, after the enforcement is completed, you can charge for it.Compulsory execution of the other party's property must follow legal procedures, and it is recommended to get help from legal experts in the process of writing a compulsory execution order.

Korean Law Guide- Contracts, Civil law- Compulsory execution

Korean Law Guide Recommended Guide