In this case, a foreign company supplied goods to a Korean watch retail company but did not receive payment for the transaction. As a result, the foreign company filed a civil lawsuit against the Korean company to recover the unpaid sales amount. Representing the foreign company, we filed a claim against the Korean company for approximately 200 million KRW in unpaid sales proceeds.
In the first instance court, we won the case. However, in the appellate court, the opponent’s defense regarding the statute of limitations was accepted, and we lost the case. Despite this setback, Simon Lee did not give up. He appealed to the Supreme Court, arguing that the applicable law was not Korean law but the foreign law related to the case under the principles of private international law.
The Supreme Court accepted Simon Lee’s argument, ruling that Korean law was not applicable. Instead, it determined that under the relevant foreign law, the statute of limitations was five years, not three years. Consequently, the Supreme Court overturned the appellate court’s decision and remanded the case back to the appellate court for further consideration.
Simon Lee continued to represent the client in the retrial at the appellate court and ultimately secured a favorable judgment. This case highlights the importance of understanding international legal principles and the determination required to achieve justice for clients in complex legal disputes.
Posted by Pureum Law Office
