Litigation

"Preliminary measures"

Before commencing lawsuit, both injunction and provisional attachment are available. Commonly, thse procedures are proceeded very quickly by the Court. On the other hand, the Courts normally grant the order of the preliminary measures in a condition that the claimants deposit certain amount of money designated by the Courts..

"Commencing lawsuits"

To commence lawsuits, the plaitiff has to present a petition to the Court having jurisdiction over the case. The Courts will require certain amount of deposits from the foreign plaintiif in case that the plaintiff loses the case and eventually has to reimburse the dependant's legal costs.  The service of process will be done by the court. The private service of process is not allowed. Even if the plaintiff wins the case, he/she will not be fully reimbursed for the attorney fee. Instead, if the plaintiff wins the case, he/she is able to claim 20% interest per year of the claim amount from the defendant from the date of defendant's receipt of the petition when the plaintiff wins the case as he/she claims or from the date of the ruling when the plaintiff's claim is partly recognized.

"Three tier system"

Other than exceptional lawsuits such as patent disputes over which the Patent Court has an exclusive jurisdiction, the lawsuit shall be filed to the District Court having jurisdiction over the case. The ruling of the District Court can be challenged to the High Court. The ruling of the High Court can be challenged to the Supreme Court.

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