Full Award of KRW 2 Billion Claim for Agreed Payment

Background Facts

The client sought payment of KRW 2 billion under an agreement entered into with the counterparty company.

The counterparty company argued that the executive who signed the agreement lacked authority to represent the company, claiming unauthorized agency.

This argument was raised only after a considerable period had passed since the contract was executed.

Jeongpyeong's Assistance

We organized the emails and meeting minutes exchanged during the negotiation stage in chronological order, revealing the history of the counterparty company conducting business through that executive.

We obtained board meeting minutes and internal approval records through a document production order to confirm the internal approval process.

We reinforced the ratification argument based on the fact that the counterparty company had actually paid a portion of the amount during the course of contract performance.

We structured the apparent agency doctrine and the ratification doctrine in parallel, drafting our briefs so that the claim would be upheld under either theory.

Outcome

The court fully upheld the claim.

This was a case in which the outcome hinged on how thoroughly the materials from the time of contract execution were secured.