해외 법무법인과 **미수금·채권추심(debt collection)**을 협의하는 상황

[석수]

물론입니다. 해외 법무법인과 **미수금·채권추심(debt collection)**을 협의하는 상황을 기준으로, 실제 화상회의나 전화에서 사용할 수 있는 상당히 상세한 비즈니스 영어 대화를 만들어 드리겠습니다.

아래 대화는 단순한 영어회화가 아니라 의뢰인(Client) ↔ 해외 법무법인(Foreign Law Firm) 사이에서 실제로 확인해야 할 사항들을 넣었습니다.

1. 첫 미팅 — 채권추심 의뢰 상담

글쓰기

Conversation: Discussing Debt Collection with a Foreign Law Firm
Client:
Good morning. Thank you for taking the time to speak with us today.
Lawyer:
Good morning. It's our pleasure. Thank you for reaching out to our firm. How can we assist you?
Client:
We are looking for legal assistance in recovering an outstanding debt from a company based in your jurisdiction.
Lawyer:
I see. Could you briefly walk me through the background and the current amount owed?
Client:
Certainly. We entered into a supply agreement with the debtor company approximately one year ago. We supplied the goods as agreed, but the company has failed to pay several invoices.
Lawyer:
Understood. How much is currently outstanding?
Client:
The principal amount currently outstanding is approximately USD 250,000, excluding interest, late-payment charges, and legal costs.
Lawyer:
Has the debtor disputed the amount?
Client:
Not initially. They acknowledged the debt several times and promised to make payment. However, despite several promises, they have not made the payment.
Lawyer:
Do you have those acknowledgments in writing?
Client:
Yes. We have emails, payment requests, and several messages in which they acknowledged the outstanding balance.
Lawyer:
That's helpful. Do you also have the original contract and the relevant invoices?
Client:
Yes. We have the signed agreement, purchase orders, invoices, delivery records, and correspondence with the debtor.
Lawyer:
Excellent. We would like to review those documents before assessing the best recovery strategy.
Client:
Of course. We can provide the documents immediately.
2. 계약 및 관할권 확인
Lawyer:
First, we need to determine which law governs the contract.
Client:
The contract contains a governing-law clause stating that the laws of your country shall apply.
Lawyer:
And is there a jurisdiction or dispute-resolution clause?
Client:
Yes. It states that the courts in your jurisdiction have exclusive jurisdiction.
Lawyer:
That's important. Is there also an arbitration clause?
Client:
No. The contract provides for litigation before the local courts.
Lawyer:
Understood. We will need to examine the exact wording of those clauses.
Client:
Would the fact that our company is based in Korea create any jurisdictional issue?
Lawyer:
Not necessarily. If the contract validly provides for the jurisdiction of our local courts, we may be able to bring proceedings here. However, we need to review the contract and confirm‎ whether the jurisdiction clause is enforceable.
Client:
I understand.
Lawyer:
We also need to determine where the debtor's assets are located.
Client:
As far as we know, the debtor has bank accounts and business assets in your country.
Lawyer:
That's potentially very important. A favorable judgment is useful, but ultimately we need to determine whether the debtor has recoverable assets.
Client:
Can your firm investigate the debtor's assets?
Lawyer:
Yes, within the limits permitted by applicable law. We can conduct corporate and public-record searches and assess what assets may be available for enforcement.
3. 채무자의 지급능력 확인
Client:
One of our main concerns is whether the debtor is actually capable of paying.
Lawyer:
That's a reasonable concern.
Client:
The company appears to be experiencing financial difficulties. We don't want to spend a large amount on litigation if there are no assets to recover.
Lawyer:
I agree. Before commencing litigation, we would recommend conducting a preliminary asset and solvency assessment.
Client:
What exactly would that involve?
Lawyer:
We would investigate the company's corporate status, ownership, directors, publicly available financial information, litigation history, insolvency filings, and any identifiable assets or secured creditors.
Client:
Would you also be able to determine whether the company is currently operating?
Lawyer:
Yes. We can investigate whether it remains active and whether it appears to be conducting business.
Client:
Can you find out whether the company owns real estate?
Lawyer:
If property ownership records are publicly searchable in the relevant jurisdiction, we can investigate that as well.
Client:
What about bank accounts?
Lawyer:
Bank-account information is generally subject to privacy and legal restrictions. We cannot simply obtain confidential banking information without proper legal authority. However, depending on the circumstances, certain information may become available through legal proceedings or enforcement procedures.
Client:
Understood.
4. 추심 방법 — 소송 전 협상
Client:
Would you recommend filing a lawsuit immediately?
Lawyer:
Not necessarily. Given the circumstances, we may first consider sending a formal demand letter.
Client:
What would the demand letter contain?
Lawyer:
It would formally identify the outstanding debt, specify the amount due, refer to the contractual obligations, set a payment deadline, and state the legal consequences of failing to pay.
Client:
How much time would you normally give the debtor?
Lawyer:
Depending on the circumstances, we might give them approximately seven to fourteen days to respond or make payment.
Client:
Would the letter be sent under your firm's letterhead?
Lawyer:
Yes. A formal demand from a law firm often carries more weight than a demand sent directly by the creditor.
Client:
Would you also propose a settlement?
Lawyer:
We can. If the debtor cannot pay the full amount immediately, we could consider negotiating a structured repayment plan.
Client:
Would you recommend accepting installments?
Lawyer:
That depends on the debtor's financial position and the strength of your claim. If we agree to installments, we would want the repayment agreement to contain strong default provisions.
Client:
What kind of provisions?
Lawyer:
For example, an acceleration clause, meaning that if the debtor misses one payment, the entire remaining balance becomes immediately due.
Client:
That sounds reasonable.
5. 채무자가 계속 지급하지 않을 경우
Client:
Suppose the debtor ignores the demand letter. What would happen next?
Lawyer:
We would then consider commencing legal proceedings.
Client:
How long would litigation normally take?
Lawyer:
It depends heavily on the court, the debtor's response, and whether the debt is disputed. An uncontested claim may proceed relatively quickly, while a contested case could take considerably longer.
Client:
What if the debtor doesn't respond to the lawsuit?
Lawyer:
Depending on the local procedural rules, we may be able to seek a default judgment.
Client:
And if we obtain a judgment, can we immediately recover the money?
Lawyer:
Not necessarily. Obtaining a judgment and enforcing a judgment are two separate stages.
Client:
Could you explain that distinction?
Lawyer:
Certainly. First, we establish your legal right to payment through a judgment. Second, we use the available enforcement mechanisms to recover the judgment debt from the debtor's assets.
Client:
What enforcement measures might be available?
Lawyer:
Depending on the jurisdiction, they may include attachment or seizure of bank funds, enforcement against real estate, seizure of certain movable assets, or other court-authorized measures.
Client:
So winning the case doesn't necessarily mean we immediately receive the money.
Lawyer:
Exactly. The debtor's assets and the effectiveness of the enforcement process are critical.
6. 가압류·보전처분
Client:
Is there any way to prevent the debtor from transferring its assets before we obtain a judgment?
Lawyer:
Potentially, yes. Depending on the circumstances, we could consider applying for an interim or provisional measure.
Client:
What would that accomplish?
Lawyer:
If the legal requirements are satisfied, it may help preserve assets so that they remain available for enforcement.
Client:
Would we need to prove that the debtor is trying to hide or transfer its assets?
Lawyer:
The requirements vary by jurisdiction. Typically, we would need to establish sufficient grounds for the claim and demonstrate a relevant risk or urgency.
Client:
Would the court require security from us?
Lawyer:
Possibly. Some jurisdictions require the applicant to provide security to compensate the other party if the provisional measure is later found to have been unjustified.
Client:
I see.
7. 비용 협의
Client:
Let's talk about your fees.
Lawyer:
Certainly.
Client:
Would you charge us an hourly rate, a fixed fee, or a contingency fee?
Lawyer:
That depends on the scope of the engagement. We can discuss a fixed fee for the initial demand stage and hourly billing for litigation.
Client:
Would you consider a success fee based on the amount recovered?
Lawyer:
We may be able to structure part of our compensation as a success fee, subject to the professional rules applicable in our jurisdiction.
Client:
Could you give us an estimate of the total legal costs?
Lawyer:
We can provide an initial estimate after reviewing the documents and assessing whether the claim is likely to be contested.
Client:
Would court fees and enforcement costs be included?
Lawyer:
Not necessarily. We would distinguish between our professional fees and third-party expenses such as court fees, process-server fees, translation costs, expert fees, and enforcement expenses.
Client:
That's important. Could you provide us with a detailed fee schedule?
Lawyer:
Absolutely. We will provide a written fee proposal showing the anticipated costs at each stage.
8. 성공 가능성
Client:
Based on what I've told you, how strong do you think our case is?
Lawyer:
At this stage, it is too early to give you a definitive assessment. However, the fact that you have a signed contract, invoices, proof of delivery, and written acknowledgments of the debt is encouraging.
Client:
What would be the biggest potential weakness?
Lawyer:
We need to examine whether there are any contractual defenses, limitation issues, disputes concerning the goods, or procedural obstacles.
Client:
The debtor has never claimed that the goods were defective.
Lawyer:
That's helpful, but we would still want to confirm‎ that there is no correspondence suggesting otherwise.
Client:
Understood.
Lawyer:
We also need to check whether the claim is still within the applicable limitation period.
Client:
Please check that carefully.
Lawyer:
Certainly.
9. 채무자의 반소·방어 가능성
Client:
What if the debtor suddenly claims that the goods were defective?
Lawyer:
They could raise that as a defense. We would then need to examine the contractual terms, delivery records, inspection records, and correspondence.
Client:
We have delivery confirmations signed by the debtor.
Lawyer:
That's useful evidence.
Client:
Would the debtor be able to delay the case simply by disputing the debt?
Lawyer:
A genuine dispute can significantly affect the timetable. However, a bare denial without supporting evidence may not necessarily be sufficient.
Client:
Can we claim interest as well?
Lawyer:
Potentially, yes. We need to check the contract and applicable law to determine whether contractual or statutory interest can be claimed.
Client:
What about our legal fees?
Lawyer:
Whether and to what extent legal costs can be recovered from the debtor depends on the jurisdiction and the court's rules.
10. 최종 의뢰 조건 확인
Client:
If we decide to proceed, what do you need from us?
Lawyer:
We would need the executed contract, purchase orders, invoices, proof of delivery, payment records, correspondence, written acknowledgments of the debt, and any previous collection attempts.
Client:
Do you need the original documents?
Lawyer:
Initially, electronic copies should be sufficient. We may request originals later if they are required as evidence.
Client:
Do the documents need to be translated?
Lawyer:
If any documents are in Korean, we may need certified translations depending on the procedural requirements.
Client:
Can your firm arrange the translation?
Lawyer:
Yes. We can coordinate with a certified translator, although the translation cost would normally be charged separately.
Client:
How quickly could you send the demand letter?
Lawyer:
Once we have reviewed the documents and completed our conflict check, we could normally prepare the letter within a few business days.
Client:
And if the debtor still doesn't pay?
Lawyer:
We would discuss whether to commence proceedings and provide you with our recommendation before taking that step.
Client:
That's exactly what we are looking for. We want to recover the debt efficiently, but we also want to control our legal costs.
Lawyer:
That makes sense. We can structure the engagement in stages so that you can make a decision at each major step.
Client:
Excellent. Please send us your engagement letter, fee proposal, and initial assessment requirements.
Lawyer:
Certainly. We will send those to you shortly.
Client:
Thank you. We look forward to working with you.
Lawyer:
Thank you. We look forward to assisting you.
특히 기억해 두면 좋은 핵심 표현
outstanding debt — 미지급 채무 / 미수금
amount owed — 채무자가 지급해야 할 금액
recover the debt — 채권을 회수하다
collect the outstanding amount — 미수금을 추심하다
principal amount — 원금
late-payment interest — 연체이자
payment default — 지급불이행
written acknowledgment of the debt — 채무의 서면 인정
formal demand letter — 정식 지급요구서
commence legal proceedings — 법적 절차를 개시하다
file a lawsuit — 소송을 제기하다
default judgment — 궐석/불출석 판결
enforce a judgment — 판결을 집행하다
attach or seize assets — 자산을 압류하다
provisional measure — 잠정적/보전 조치
asset investigation — 자산 조사
solvency assessment — 지급능력 평가
settlement — 합의
structured repayment plan — 분할상환 계획
success fee — 성공보수
legal fees and expenses — 변호사 비용 및 제반 비용
governing law — 준거법
jurisdiction clause — 관할권 조항
limitation period — 소멸시효 기간
특히 **“Could you briefly walk me through the background and the current amount owed?”**는 첫 상담에서 아주 자연스럽습니다.
뜻은 “사건의 배경과 현재 미지급된 금액이 얼마인지 간략하게 설명해 주시겠습니까?” 정도입니다.
원하시면 다음 단계로 ① �⁠한국 회사가 해외 법무법인에 실제 채권추심을 의뢰하는 30분짜리 화상회의 대본, ② �⁠변호사가 질문하고 의뢰인이 답하는 형식의 실전 영어회화, ③ �⁠채권추심 의뢰 이메일 + 정식 Demand Letter까지 한 세트로 만들어 드릴 수 있습니다.





좋습니다. 한국 회사가 해외 채무자에게 받을 돈이 있고, 해외 법무법인에 채권추심을 의뢰하는 실제 상황을 기준으로 한 세트로 구성하겠습니다.
구성
30분 화상회의 실전 대화
변호사의 질문 → 의뢰인의 답변 훈련
법무법인에 보내는 의뢰 이메일
해외 법무법인이 채무자에게 보내는 Demand Letter
협상·합의·소송 전환에 필요한 핵심 표현
글쓰기
해외 채권추심 실전 영어 한 세트
Korean Company → Foreign Law Firm → Debtor
PART 1. 해외 법무법인과 30분 화상회의
① 회의 시작
Client:
Good morning. Thank you for meeting with us today.
Lawyer:
Good morning. It's our pleasure. Thank you for contacting our firm.
Client:
We would like to discuss the possibility of engaging your firm to recover an outstanding debt from a company in your jurisdiction.
Lawyer:
Certainly. Could you briefly walk me through the background and the current amount owed?
Client:
Certainly. We entered into a supply agreement with the debtor approximately one year ago. We delivered the products according to the agreement, but the debtor has failed to pay several invoices.
Lawyer:
How much is currently outstanding?
Client:
The principal amount is approximately USD 250,000. Interest and other charges are not included in that amount.
Lawyer:
When was the payment originally due?
Client:
The oldest unpaid invoice became due approximately eight months ago.
Lawyer:
Has the debtor disputed the invoices?
Client:
No. In fact, they have repeatedly acknowledged the outstanding balance and promised to make payment.
Lawyer:
Do you have those acknowledgments in writing?
Client:
Yes. We have emails and other written communications in which they acknowledge the debt.
PART 2. 계약관계 확인
Lawyer:
Do you have a written agreement with the debtor?
Client:
Yes. We have a signed supply agreement.
Lawyer:
Which law governs the agreement?
Client:
The agreement provides that the laws of your jurisdiction govern the contract.
Lawyer:
Does it contain a jurisdiction clause?
Client:
Yes. It provides that the courts in your jurisdiction have jurisdiction over disputes arising from the agreement.
Lawyer:
Is the jurisdiction exclusive?
Client:
As far as we understand, yes.
Lawyer:
We will need to review the exact wording before confirm‎ing that.
Client:
Of course.
Lawyer:
Does the agreement contain an arbitration clause?
Client:
No. It provides for litigation before the local courts.
PART 3. 채무자와 지금까지 어떤 협의를 했는가
Lawyer:
What steps have you taken to collect the debt so far?
Client:
We have contacted the debtor several times by email and telephone.
Lawyer:
Did they respond?
Client:
Yes. They repeatedly said that they would make payment, but they failed to keep their promises.
Lawyer:
Did they give you a specific payment date?
Client:
Yes. They promised to pay by the end of last month, but no payment was made.
Lawyer:
Have you sent a formal demand letter?
Client:
No. We have sent several payment requests, but not a formal legal demand from a law firm.
Lawyer:
In that case, a formal demand letter may be an appropriate first step.
PART 4. 법무법인에 원하는 것
Lawyer:
What is your primary objective?
Client:
Our primary objective is to recover the full outstanding amount as quickly as reasonably possible.
Lawyer:
Would you be willing to negotiate a settlement?
Client:
Yes, provided that the debtor pays a substantial amount promptly.
Lawyer:
Would you consider an installment plan?
Client:
Possibly, but only if the repayment schedule is short and legally enforceable.
Lawyer:
Understood.
Client:
We don't want the matter to drag on indefinitely.
Lawyer:
That's understandable.
Client:
We would like to take a firm approach, but we also want to avoid unnecessary litigation costs.
Lawyer:
In that case, I would recommend a staged approach.
Client:
What do you mean by a staged approach?
Lawyer:
First, we send a formal demand letter. Second, we give the debtor a short deadline to respond. Third, if they fail to pay or negotiate in good faith, we consider commencing legal proceedings.
PART 5. 자산 조사
Client:
Before we proceed with litigation, can you investigate whether the debtor has sufficient assets to satisfy the debt?
Lawyer:
Yes. We can conduct an initial asset and corporate investigation using legally available sources.
Client:
We are particularly interested in real estate, bank accounts, and other significant assets.
Lawyer:
We can investigate publicly available information concerning real estate and corporate assets. Bank-account information may be subject to confidentiality restrictions.
Client:
Understood.
Lawyer:
We should also check whether the company is subject to any insolvency proceedings.
Client:
Yes. Please check that as well.
Lawyer:
Certainly.
PART 6. 가압류·보전조치
Client:
We are concerned that the debtor may transfer its assets before we obtain a judgment. Is there anything we can do about that?
Lawyer:
Depending on the circumstances, we may be able to seek a provisional or interim measure from the court.
Client:
Would that allow us to freeze the debtor's assets?
Lawyer:
Potentially, depending on the specific legal requirements and the type of asset involved.
Client:
What would we need to establish?
Lawyer:
We would need to establish the relevant legal grounds and satisfy the court that the measure is justified.
Client:
Would we have to provide security?
Lawyer:
Possibly. We would advise you on that after reviewing the facts.
PART 7. 소송 가능성
Client:
If the debtor refuses to pay after receiving the demand letter, how quickly could we file a lawsuit?
Lawyer:
We could prepare the claim relatively quickly once we have all the necessary documents and instructions.
Client:
How long might the litigation take?
Lawyer:
That depends on whether the debtor contests the claim and on the court's schedule.
Client:
What if the debtor simply ignores the lawsuit?
Lawyer:
Depending on the applicable procedural rules, we may be able to seek a default judgment.
Client:
And after obtaining judgment?
Lawyer:
We would then proceed with enforcement against the debtor's assets.
Client:
So obtaining a judgment and actually recovering the money are two separate steps.
Lawyer:
Exactly.
PART 8. 법률비용
Client:
Let's discuss your fees.
Lawyer:
Certainly.
Client:
How do you normally charge for this type of matter?
Lawyer:
We generally charge on an hourly basis, but we can discuss a fixed fee for the initial demand stage.
Client:
Would you consider a success fee?
Lawyer:
Depending on the applicable professional rules, we may be able to structure part of our fees based on the amount recovered.
Client:
We would prefer to keep our upfront legal costs as low as reasonably possible.
Lawyer:
We understand. We can propose several fee structures for your consideration.
Client:
Please separate your professional fees from court fees and other third-party expenses.
Lawyer:
Of course.
Client:
And please provide us with an estimate before each major stage.
Lawyer:
Certainly.
PART 9. 사건 전망
Client:
Based on the information we've provided, how strong do you think our claim is?
Lawyer:
Based on what you've told us, the claim appears to have several favorable elements.
Client:
What are those?
Lawyer:
You have a written contract, unpaid invoices, proof of delivery, and written acknowledgments of the debt.
Client:
What potential problems do you see?
Lawyer:
We need to review whether the debtor has any contractual defenses and whether there are any limitation or procedural issues.
Client:
The debtor has never complained about the quality of the products.
Lawyer:
That's helpful. We will verify that through the correspondence.
PART 10. 마지막 확인
Lawyer:
To proceed, we would need the following documents from you.
Client:
Please go ahead.
Lawyer:
The signed agreement, purchase orders, invoices, proof of delivery, payment records, correspondence with the debtor, and any previous collection notices.
Client:
We can provide all of those.
Lawyer:
Excellent.
Client:
Once you receive the documents, how soon can you give us your preliminary assessment?
Lawyer:
We should be able to provide an initial assessment within a few business days.
Client:
And after that, can you prepare the formal demand letter?
Lawyer:
Yes.
Client:
Good. Please send us your engagement letter and fee proposal.
Lawyer:
Certainly. We will do so.
Client:
Thank you for your time. We look forward to working with you.
Lawyer:
Thank you. We look forward to assisting you.
PART 11. 변호사가 실제로 물어볼 질문 20개
Q1.
What is the total amount outstanding?
현재 총 미수금이 얼마입니까?
Q2.
When did the debt become due?
채무의 지급기일은 언제였습니까?
Q3.
Has the debtor acknowledged the debt?
채무자가 채무를 인정했습니까?
Q4.
Do you have written evidence of that acknowledgment?
그 채무 인정에 관한 서면 증거가 있습니까?
Q5.
Has the debtor disputed any of the invoices?
채무자가 청구서 중 어느 것이라도 이의를 제기했습니까?
Q6.
Were the goods delivered in accordance with the contract?
물품은 계약에 따라 정상적으로 인도되었습니까?
Q7.
Do you have proof of delivery?
인도 증빙이 있습니까?
Q8.
Have you previously sent a demand for payment?
이전에 지급요구를 한 적이 있습니까?
Q9.
Has the debtor made any partial payments?
채무자가 일부 금액이라도 지급했습니까?
Q10.
What is the debtor's current financial position?
현재 채무자의 재정상태는 어떻습니까?
Q11.
Do you know whether the debtor owns any significant assets?
채무자가 상당한 자산을 보유하고 있는지 알고 있습니까?
Q12.
Is the company still operating?
그 회사는 현재도 영업 중입니까?
Q13.
Is there any ongoing litigation involving the debtor?
채무자와 관련된 진행 중인 소송이 있습니까?
Q14.
Is the debtor involved in any insolvency proceedings?
채무자가 도산절차에 들어가 있습니까?
Q15.
What does the governing-law clause provide?
준거법 조항은 어떻게 규정하고 있습니까?
Q16.
Which courts have jurisdiction under the contract?
계약상 어느 법원이 관할권을 갖습니까?
Q17.
Are you willing to settle the matter?
합의할 의향이 있습니까?
Q18.
Would you accept payment by installments?
분할 지급을 받아들일 수 있습니까?
Q19.
What is your preferred recovery timeline?
원하는 채권 회수 기간은 어느 정도입니까?
Q20.
What is the minimum amount you would accept in settlement?
합의할 경우 받아들일 수 있는 최소 금액은 얼마입니까?
PART 12. 의뢰인이 반드시 해야 할 핵심 답변
Our primary objective is to recover the full outstanding amount.
저희의 최우선 목표는 미수금 전액을 회수하는 것입니다.
We are willing to negotiate, but we do not want the negotiations to continue indefinitely.
협상에는 응할 수 있지만 협상이 무기한 계속되는 것은 원하지 않습니다.
We are open to a reasonable settlement, provided that payment is made promptly.
신속한 지급이 이루어진다는 전제하에 합리적인 합의에는 열려 있습니다.
We would prefer to avoid unnecessary litigation costs.
불필요한 소송 비용은 가급적 피하고 싶습니다.
However, we are prepared to take legal action if necessary.
그러나 필요하다면 법적 조치를 취할 준비가 되어 있습니다.
Please advise us on the most cost-effective recovery strategy.
가장 비용 효율적인 채권 회수 전략을 조언해 주십시오.
PART 13. 해외 법무법인에 보내는 의뢰 이메일
Subject: Request for Legal Assistance – Debt Recovery
Dear [Lawyer's Name],
We are seeking legal assistance in recovering an outstanding debt from a company based in your jurisdiction.
The principal amount currently outstanding is approximately USD 250,000, excluding interest and other applicable charges.
We entered into a written supply agreement with the debtor, and the goods were delivered in accordance with the agreement. However, several invoices remain unpaid despite repeated requests for payment.
The debtor has acknowledged the outstanding balance in writing and has made several promises to pay, but no payment has been received.
We have the following documents available for your review:
Executed supply agreement
Purchase orders
Unpaid invoices
Proof of delivery
Payment records
Email correspondence with the debtor
Written acknowledgments of the outstanding debt
Previous payment demands
At this stage, we would like your advice on the following:
The legal strength of our claim
The applicable limitation period
The appropriate jurisdiction and legal procedure
The possibility of sending a formal demand letter
The possibility of negotiating a settlement
Available provisional or interim measures
The debtor's identifiable assets and solvency
The likely timeline for litigation and enforcement
Estimated legal fees and other expenses
The likelihood of successfully recovering the outstanding amount
Our preference is to recover the debt as efficiently and cost-effectively as possible. We are open to settlement negotiations, but we are also prepared to commence legal proceedings if necessary.
Please let us know what additional information or documents you require.
We would also appreciate it if you could provide us with your proposed fee structure and an initial estimate of the costs involved.
We look forward to hearing from you.
Best regards,
[Name]
[Company]
[Title]
PART 14. 해외 법무법인이 채무자에게 보내는 공식 Demand Letter
글쓰기
FORMAL DEMAND FOR PAYMENT
WITHOUT PREJUDICE
Dear [Debtor's Name],
We act on behalf of our client, [Client Company], in connection with the outstanding amounts owed by your company.
Our client has instructed us that, despite having fully performed its contractual obligations, your company has failed to pay several outstanding invoices.
As of the date of this letter, the principal amount outstanding is USD 250,000, exclusive of any applicable interest, late-payment charges, legal costs, and other recoverable amounts.
Our client's records indicate that:
A valid contractual agreement exists between the parties;
The goods were duly supplied and delivered;
The relevant invoices were issued in accordance with the agreement;
The invoices became due and payable;
Your company has failed to make the required payments; and
Your company has previously acknowledged the outstanding balance.
Accordingly, our client hereby formally demands payment of the outstanding amount.
Please arrange full payment of the outstanding principal amount within 10 business days from the date of this letter.
If you believe that any amount is disputed, you must provide us with full details of the alleged dispute, including the factual and contractual basis for your position, within the same period.
If payment is not received within the above period, and no satisfactory resolution has been reached, our client reserves the right to take further legal action without further notice.
Such action may include commencing legal proceedings and seeking recovery of the principal debt, applicable interest, legal costs, and any other amounts recoverable under the applicable law.
Nothing in this letter constitutes a waiver of any of our client's rights or remedies, all of which are expressly reserved.
We invite your prompt attention to this matter and remain available to discuss an appropriate resolution.
Yours faithfully,
[Law Firm Name]
[Lawyer's Name]
Attorney-at-Law
PART 15. 채무자가 "돈이 없다"고 할 때
Debtor:
We are currently experiencing serious cash-flow problems.
Lawyer:
We understand that your company may be experiencing financial difficulties. However, the outstanding debt remains due and payable.
Debtor:
We cannot pay the entire amount at once.
Lawyer:
Would you like to propose a repayment schedule?
Debtor:
Yes. We could pay the amount over twelve months.
Lawyer:
Our client would prefer a significantly shorter repayment period.
Debtor:
What would your client accept?
Lawyer:
We will need to obtain our client's instructions, but a substantial initial payment followed by a short-term installment arrangement may be considered.
Debtor:
Could we have six months?
Lawyer:
We can discuss that with our client. However, any repayment agreement would need to be documented formally.
Debtor:
What would happen if we miss one of the payments?
Lawyer:
The agreement would need to specify the consequences of default, including potentially making the entire remaining balance immediately due.
PART 16. 채무자가 "소송하지 마라"고 할 때
Debtor:
We would prefer to resolve this without litigation.
Lawyer:
Our client is also interested in resolving the matter without unnecessary litigation.
Debtor:
Can you give us more time?
Lawyer:
We can consider a reasonable extension, but we would need a concrete payment proposal from you.
Debtor:
We can make a partial payment immediately.
Lawyer:
How much can you pay immediately?
Debtor:
USD 100,000.
Lawyer:
I will report that proposal to our client. Please understand, however, that acceptance of a partial payment does not necessarily constitute acceptance of a full and final settlement.
PART 17. "전액 지급하면 소송하지 않겠다"
Client:
If the debtor pays the full outstanding principal amount within ten business days, we are prepared to resolve the matter without commencing litigation.
Lawyer:
Understood.
Client:
However, if they fail to meet that deadline, we want to proceed without further unnecessary delay.
Lawyer:
We can make that position clear in the demand letter.
PART 18. 반드시 알아둘 표현
The debt remains due and payable.
그 채무는 여전히 지급기일이 도래한 지급의무가 있습니다.
Payment is long overdue.
지급이 상당 기간 연체되었습니다.
The debtor has failed to make payment.
채무자가 지급을 이행하지 않았습니다.
We hereby demand payment.
이에 당사는 지급을 공식적으로 요구합니다.
We reserve all rights and remedies.
당사의 모든 권리와 법적 구제수단을 유보합니다.
Failing payment, we will consider commencing legal proceedings.
지급이 이루어지지 않을 경우 법적 절차의 개시를 검토할 것입니다.
We are prepared to take legal action if necessary.
필요하다면 법적 조치를 취할 준비가 되어 있습니다.
We are willing to explore an amicable settlement.
원만한 합의 가능성을 검토할 의향이 있습니다.
We cannot allow this matter to remain unresolved indefinitely.
이 문제가 무기한 해결되지 않은 상태로 남아 있는 것은 받아들일 수 없습니다.
Please provide us with a concrete payment proposal.
구체적인 지급 제안을 제시해 주십시오.
Any settlement must be documented in writing.
어떠한 합의든 서면으로 작성되어야 합니다.
The entire outstanding balance will become immediately due upon default.
채무불이행이 발생하면 미지급 잔액 전액이 즉시 지급기한이 도래합니다.
We reserve the right to seek interest and legal costs.
당사는 이자 및 법률비용을 청구할 권리를 유보합니다.
We would like to proceed on a cost-effective basis.
저희는 비용 효율적인 방식으로 진행하고자 합니다.
Please advise us on the most appropriate course of action.
가장 적절한 대응 방법을 조언해 주십시오. :::
이 세트를 그대로 연습하시면 **“해외 법무법인과 처음 상담 → 사건 설명 → 증거 제출 → 자산조사 → Demand Letter → 합의 → 소송 → 판결집행”**까지 한 흐름으로 연결할 수 있습니다.
원하시면 다음에는 이 내용을 �⁠“변호사가 영어로 빠르게 질문하고, 사용자가 영어로 즉석 답변하는 50문항 실전 훈련” 형태로 만들어 드릴 수 있습니다.