It is easy to assume that one can simply download any civil lawsuit form from the internet and fill it out, but the essence of a complaint lies not in the form itself, but in accurately connecting the claim with the evidence. This article covers, in a practical order, where to find a complaint, how to separate the purport and grounds for the claim, and how to attach evidence.
Although the disputed matters may differ—such as loans, payment for goods, lease deposits, or damages—the framework of drafting a complaint is the same. If you organize the facts in chronological order from the beginning, you can reduce orders for correction, and the opposing party receiving the complaint can grasp the issues much more clearly.
Civil litigation forms, what should I compare first?
A method of drafting a civil lawsuit form based on an official template and filling it with facts and evidence to match the claim in your case.This is the key. You can find relevant forms in the procedure guides by case type and form collections on the Electronic Litigation Portal, the court form collection, and the Korea Legal Aid Corporation legal forms.
A complaint is a written document in which the plaintiff initiates a lawsuit by seeking a judgment from the court. On the other hand, a response is a written document in which the defendant acknowledges or disputes the plaintiff's claims; therefore, you must not submit a document with a similar name in its place.
For example, if money was lent and not repaid, a claim for the loan is considered; similarly, if construction or services were provided and payment was not received, a claim for the agreed-upon amount or payment is reviewed. Return of down payments and unjust enrichment, eviction, consolation money, and damages for torts are also typical disputes handled through a complaint.
A complaint is a document that presents to the court, along with evidence, 'what should be received' and 'why it should be received'.
The purport of the claim and the grounds for the claim are divided as follows.
The most confusing part of the small intestine is The purport of the claim is the conclusion of the desired judgment, and the grounds for the claim are the facts leading to that conclusion.That is the difference. In the statement of claim, you state the result you are seeking from the court, such as the defendant paying money to the plaintiff.
For example, if you are claiming 50 million won, the claim must specify the amount to be paid. Separately, the grounds for the claim must sequentially state when the money was lent, what the repayment agreement was, and by when it was not repaid.
The flow of the cause of action is natural if arranged in the order of contract formation, parties' obligations, breach of obligation, occurrence of damage, connection between the breach and the damage, and grounds for liability. The more specific the date, place, amount, and content of the conversation are in accordance with the 5 Ws and 1 H, the clearer the connection between the claim and the evidence becomes.
Organize the items to be included in the complaint before submission.
A complaint includes the identification of the parties, the court, the purpose of the claim, the grounds for the claim, methods of proof, and attached documents. Since incorrectly writing the names and addresses of the parties can cause delays starting from the service of process, The personal details of the plaintiff and defendant must be consistent with the spellings written in the documents.It is better to do it.
In the "Methods of Proof" section, list materials that support the cause of action, such as contracts, receipts, text messages, and bank transaction records. In the "Attached Documents" section, indicate the names and quantities of the attached materials to ensure consistency between the main body of the complaint and the actual submitted documents.
Length does not necessarily increase persuasiveness. If you divide the key dates, amounts, terms of the agreement, and the circumstances of performance or non-performance into paragraphs, the court can quickly grasp the structure of the case.
| division | Content to include | Examples of loan disputes |
|---|---|---|
| Purpose of the claim | Final conclusion sought from the court | The defendant shall pay the plaintiff 50 million won. |
| Cause of action | Specific facts establishing the claim | Loan date, repayment date, circumstances of non-repayment |
| Method of proof | Evidence supporting the claim | Promissory note, bank transfer history, text message |
The connection to the claim is more important than the number of the evidence.
It is more important to demonstrate which claim each piece of evidence supports than to simply collect a large amount of evidence. The documentary evidence submitted by the plaintiff usually Exhibit A-1, Exhibit A-2It is indicated as such, and the documentary evidence submitted by the defendant is classified as Exhibit 1 and Exhibit 2.
For example, you can designate Exhibit A-1 as a promissory note, Exhibit A-2 as bank transfer records, and Exhibit A-3 as a text message demanding repayment. If you attach the relevant evidence number after the sentence “The plaintiff transferred money to the defendant” in the cause of action of the complaint, the reader can immediately find the materials.
Text messages or messenger conversations should be preserved along with the context in which the conversation began and the other party's response, rather than isolating specific sentences. Similarly, since bank deposit records only show the fact of a transfer and cannot explain the purpose of the transaction on their own, they must be arranged alongside contracts, tax invoices, receipts, and business records.
The evidence number is not merely a sequence number, but a link connecting the claims in the complaint with the actual materials.
We also examine the response after the complaint is filed and after the defendant receives it.
A complaint is subject to an order for correction if the purpose or grounds for the claim are unclear or if necessary details are missing. Therefore, before submission, it is necessary to compare the claimed amount, case date, names of the parties, and evidence numbers in the main text and attached materials in a single step to ensure they match.
If the defendant receives the complaint, they must read the grounds for the claim as well, rather than determining the amount based solely on the claim. The basic procedure is to prepare the answer and evidence after distinguishing between factual inaccuracies, legal disputes, and admitted claims.
The defendant's answer is from the date of service of the complaint. Submit within 1 monthGuidelines are provided, and in cases where disputes are actively contested, it is difficult to include all the details solely in the answer summary table. Organizing contracts, payment records, and conversation logs by issue and linking them to the formal answer clarifies the direction of the response.
A civil litigation form is not a document to fill in blanks, but a starting point for designing the facts and evidence of a case.First, if you organize the facts in chronological order on a single page and write down the evidence number to be linked next to each sentence, drafting the complaint becomes much more solid.