Cross-Border Litigation 2nd Instance Victory in South Korea
International trade disputes are often complex and challenging, particularly in cross-border litigation. Recently, Lawyer Fan Zhang—Director of the Foreign Legal Affairs Department at Jingsh Chengdu Law Firm, director of the National Commercial Arbitration Committee and Contract Law Committee of Jingsh Law Firm, and head of the Dubai Cooperation Office (under preparation)—led her team to a successful appellate ruling for a Hong Kong enterprise in a cross-border trade dispute before the Suwon High Court in South Korea.
On 2025-07-16, the Suwon High Court (수원고등법원) issued its judgment, dismissing all of the defendant’s appeal claims, upholding the first-instance decision, and ordering the defendant to bear all appellate litigation costs.
Case Overview
The case concerns a typical cross-border commercial debt recovery dispute. Since 2019, the Hong Kong company had repeatedly attempted to recover unpaid debts without success. With the assistance of Lawyer Zhang’s team, civil litigation was initiated in South Korea on 2022-10-25. On 2024-10-11, the plaintiff prevailed in the first-instance ruling. Dissatisfied, the defendant filed an appeal, seeking to overturn the decision through procedural tactics and factual disputes.
Faced with a complex evidentiary structure and procedural maneuvers, Lawyer Zhang’s team methodically dismantled the defendant’s appellate arguments—addressing critical issues such as legal application, factual findings, burden of proof, financial tracing, and document comparison.
Ultimately, on 2025-07-16, the Suwon High Court rendered the following ruling:
“피고의 항소를 기각한다. 항소비용은 피고가 부담한다.”
Translation: The defendant’s appeal is dismissed. The appellate costs shall be borne by the defendant.
This judgment not only reaffirms the correctness of the lower court’s decision but also lays a solid legal foundation for subsequent enforcement proceedings in South Korea.
The victory marks another milestone in Lawyer Zhang’s track record of success in cross-border dispute resolution and international trade compliance, securing justice for the client after nearly six years of unpaid claims.
“Integrated Legal & Financial Cross-Border Litigation Service” Empowers Corporate Enforcement
Throughout the proceedings, Lawyer Zhang’s team upheld a results-driven approach, combining financial due diligence, legal analysis, cross-border litigation strategy, and enforcement execution. This led to the development of the Integrated Legal & Financial Cross-Border Litigation Service, a streamlined solution for resolving complex international commercial disputes.
Key Service Features:
1. Litigation Risk Control
Prior to filing, the team conducts financial due diligence and preliminary asset tracing to assess the viability and risk-reward ratio of litigation, minimizing costs and the risk of defeat.
2. Avoiding Enforcement Barriers
China has not yet acceded to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Thus, foreign judgments can only be enforced in China under Article 297 of the PRC Civil Procedure Law, the principle of reciprocity, or through bilateral judicial assistance treaties. This often results in significant obstacles to enforcement—even for judgments won abroad or domestically. By filing suit directly in the target jurisdiction, enterprises can avoid these enforcement disruptions.
3. Accelerating Enforcement
Unlike China, where enforcement generally awaits the final judgment, South Korea’s Civil Procedure Act (Article 213 and related provisions) allows for provisional execution. This means that even during appeal, the prevailing party may apply to enforce the judgment, including freezing bank accounts or attaching real estate—effectively preventing the defendant from dissipating assets.
By integrating legal strategy, financial investigation, cross-border litigation, and asset enforcement, this service provides companies with a comprehensive, high-efficiency solution for international commercial disputes.
Strategic Vision for Cross-Border Dispute Governance
“Cross-border disputes are not merely legal matters—they require integrated governance. Only through a coordinated approach that unites legal, financial, and enforcement capabilities can companies truly safeguard their interests.”
— Lawyer Fan Zhang
Going forward, Jingsh Chengdu Law Firm aims to further refine its case management, enhance asset tracing capabilities, and deepen international collaboration—providing robust legal support for Chinese enterprises as they expand globally and navigate cross-border disputes.
