Civil Court Proceedings in Korean Courts: Korean Civil Litigation Basics

The following is a timetable-based outline of Korean Civil Court Proceedings at Korean Courts.  Please note, this is the typical civil court proceedings and exceptions do and, often, exist at Korean civil courts.  Korean civil courts are less procedure focused than U.S., British, German and other Western nations’ courts, thus, allowing more flexibility for judges and the parties. The proceedings at Korean courts of first instance is, typically, completed within one year from the filing the complaint to a district court and appeals to the High Court in Korea (court of second instance), typically, is completed with ten months of filing the appeal to the Korean High Court.  Appeals to the Korean Supreme Court may, sometimes, take multiple years to complete. We have excluded from this list proceedings within the Constitutional Court of Korea, Korean Family Courts, the Korean Administrative Courts, Patent Courts, Small Claims courts and other special courts. 

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Korean Civil Litigation Pre-Judgment & Post-Judgment Interest Awarded by Korean Courts

So you are suing a defendant in a Korean Court or you won a judgment in a Korea court? How much interest shall you earn on this judgment?  Korea awards different interest rates based in if the judgment is rendered or the judgment is not rendered. Additionally, it is, usually, advisable to include Penalty Damages Clauses to most type of Korean Contractual Agreements. Pre-Judgment Interest in Korea Pre-Judgment interest accrues from the date the payment is due.   Unless otherwise agree upon by the parties, the applicable statutory interest rate is 6% per annum for commercial claims and 5% per annum for most non-commercial civil claims.  Upon judgment, the judgment must be executed.  Get yourself a good English-speaking Korean commercial lawyer with experience executing commercial judgments. Post-Judgment Interest in Korea After a judgment is rendered by a Korean court, the applicable statutory interest rate is 15% per annum and commences

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