Can I file a contract sum lawsuit even if there is only an oral agreement without a contract?

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Hello. I personally lent money to an acquaintance 9 years ago. The acquaintance apparently lent that money to their own older brother. At the time, even though I wanted my money back, I wasn't in a position to file a lawsuit, so I let it go. It's about 5 million won — even that's precious money to me. I'm considering filing a claim seizure and collection order against the acquaintance's brother... but hasn't the statute of limitations passed? Please tell me about the claim collection statute of limitations and how to file a claim seizure and collection order!

contract sum lawsuit

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作者: 김국일

Hello. This is the civil specialist attorney at Daeryun Law Firm.

To conclude, a contract sum lawsuit is possible even without a contract.

Our Civil Code follows the "principle of non-formality" that does not restrict the form of contracts, so if an agreement on monetary payment between parties is proven, an oral agreement is also recognized as a valid contract.

However, the key to a contract sum lawsuit is "proof."

According to the principle of burden of proof under the Civil Procedure Act, the claimant must prove the specific contents of the agreement (timing, amount, conditions, etc.).

For this, indirect materials such as text messages, KakaoTalk, call recordings, and account transfer history are used as evidence.

If it is proven that the parties definitely promised to give and receive money through these materials, you may win even without a contract.

Conversely, if the contents of the agreement are unclear or the payment conditions are not specified, the court may judge it as a simple favor without legal binding force and dismiss the claim.

In particular, when the other party disputes that "it was not a confirmed promise" or "the conditions were not fulfilled," how the situation at the time is legally reconstructed has a decisive impact on victory or defeat.

Therefore, when preparing a contract sum lawsuit with only an oral agreement, you must proactively organize objective materials supporting your claim.

Depending on the case, since the establishment of the agreement as well as changes in the purpose of the claim to damages or unjust enrichment return must be reviewed, it is desirable to establish a systematic strategy with the assistance of an attorney from the early stages.

If you need judgment suited to specific situations, we recommend confirming accurate response measures through legal consultation with a civil specialist attorney.