Background
When a counterparty fails to perform, fighting the matter to the end through full proceedings on the merits costs time and money. In breach of contract matters, Changchun has often used the strategy of terminating the contract while moving quickly to attach the counterparty's assets (the deposit and the like) provisionally, so as to close the dispute out early.
The Issue — Recovering Without Letting Time Drag On
The key was ① to satisfy the requirements for termination quickly and accurately, and ② to tie up the responsible assets by provisional attachment before the counterparty could put them beyond reach, thereby securing negotiating leverage.
How Changchun Helped
Changchun (attorney Jaesun Yoon) ① quickly organized the breach and the grounds for termination and terminated the contract lawfully, while ② simultaneously preserving the counterparty's assets through provisional attachment of the deposit, receivables and the like (a preservative measure under the Civil Execution Act). Once the responsible assets are tied up, a counterparty has less reason to hold out, and many matters concluded in early settlement or swift recovery.
Fighting every dispute to the end is not the only answer. Changchun seizes the initiative in negotiations with the quick move of provisional attachment, helping clients recover in substance while saving time and cost. (Outcomes may differ depending on the facts of each matter.)