CONTENTS
- 1. The Case of a Client Who Retained Counsel for Loan Civil Litigation
- - What Is Loan Civil Litigation?
- 2. Organizing the Issues and Pleading in the Loan Civil Litigation
- - Establishing the Character as a 'Loan'
- - Proof of the Legitimacy of the Claim for Return of a Loan With No Date of Repayment
- - The Remaining Loan of 100 Million Won, Established Through Objective Materials
- 3. The Result of the Assistance in the Loan Civil Litigation, "A Favorable Judgment"
- - What Procedures Are Needed to Recover a Loan?
1. The Case of a Client Who Retained Counsel for Loan Civil Litigation
The client who retained counsel for the loan civil litigation and the defendant were old schoolmates who had usually kept in touch on the basis of mutual trust.
The defendant requested the client's help, saying that he needed urgent funds, and the client, finding it difficult to turn him away, lent a total of 100 million won on four separate occasions.
At the time of the loan, no date of repayment (the date of repayment) was separately set, but the defendant promised, "I will repay the loan immediately if the plaintiff demands its return."
Nevertheless, even as time passed, the defendant made no repayment whatsoever, and although the client demanded the return several times by telephone, the defendant only kept delaying it.
Judging that it was no longer difficult to resolve the matter on his own, the client came to request assistance from a civil attorney who had experience with loan civil litigation.
What Is Loan Civil Litigation?
Loan civil litigation is a civil lawsuit conducted in order to recover loaned money when, despite having lent money to another person, the debtor does not return it.
In many cases, more than the "fact that money was lent" itself, how to prove that the transaction was not a simple favor or gift but rather a 'loan' becomes the core.
In particular, in relationships between acquaintances, there is often no certificate of loan or the background of the transaction is organized only orally, so organizing the evidence systematically at an early stage is important.
2. Organizing the Issues and Pleading in the Loan Civil Litigation
In the loan civil litigation, the civil attorney narrowed down the issues from the early stage of the case and structured the arguments and proof in the following manner.
Establishing the Character as a 'Loan'
In transactions between acquaintances, whether the money is 'money lent' or 'money given' tends to become the core issue.
The civil attorney organized four occasions of the payment of money and the circumstances of the defendant's promise of return, thereby making clear that the money in this case was not a simple favor but a loan premised on its return.
Proof of the Legitimacy of the Claim for Return of a Loan With No Date of Repayment
Because this case was a loan for which no date of repayment was separately set, the course of events in which the defendant did not perform even though the plaintiff demanded the return was important.
The civil attorney organized the point that the demands for return by telephone were repeated and that no repayment was made for a considerable period even after service of the duplicate of the complaint, thereby highlighting the state of non-performance of the obligation.
The Remaining Loan of 100 Million Won, Established Through Objective Materials
The civil attorney connected and submitted, in line with the flow of the case, the certificate of monetary loan, his own financial transaction records, the call records, and the KakaoTalk conversations.
Through this, the attorney objectively specified the point that a total of 100 million won transferred over 4 remittances had been transferred to the defendant and had not been returned to date, thereby making the defendant's responsibility clear.
3. The Result of the Assistance in the Loan Civil Litigation, "A Favorable Judgment"
As a result of the assistance in the loan civil litigation, the court rendered a judgment to the effect that "the defendant shall pay the plaintiff 100 million won," and also determined that the defendant should bear the litigation costs.
What Procedures Are Needed to Recover a Loan?
A loan can be collected through various legal measures such as the following.
① Sending Content-Certified Mail Sending content-certified mail can apply psychological pressure to the debtor, and it can also be used as material in a subsequent lawsuit.
② Application for Provisional Attachment Before the debtor disposes of his property, one can attach money or a claim that can be converted into money, thereby preserving the compulsory execution that will subsequently take place.
③ Use of the Demand Procedure If the debtor acknowledges that the debt exists, collection is possible simply through the demand procedure, even without appearing before the court.
④ Filing a Civil Lawsuit After filing a civil lawsuit and obtaining a title of execution, one can attach the debtor's property and recover the loan.
|
In loan disputes between acquaintances, the evidence is scattered and the dispute can become prolonged, so it is important to organize the supporting materials from the early stage.
If you are considering loan civil litigation, 🔗Legal Consultation Reservationwe hope you will request assistance through.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
