Civil Litigation Consultation | Civil Attorney, Full Grant of 70 Million Won Through a Claim for Return of a Loan

The client who requested a civil litigation consultation became acquainted with A (hereinafter the defendant) through an introduction by a coworker.

The defendant introduced himself as a sole proprietor operating a designated-driver service company and requested to borrow money from the client, stating that he needed funds to expand the business.

In this process, the defendant promised to pay 3% interest each month, and the client, trusting this, remitted a total of 70 million won over three occasions.

For the first few months, the defendant paid the client interest equivalent to 3% of the loan, but soon began to fail to repay the loan and interest, saying, "Please wait just a little longer."

In addition, even though the defendant had stopped operating his business, he did not inform the client of this and eventually went so far as to avoid contact.

Accordingly, the client requested a civil litigation consultation in order to hold the defendant legally responsible for his conduct and to recover the loan.

1) Organizing the Loan Relationship and Whether a Contract Was Formed

To prove that the nature of the funds the client remitted to the defendant was a "loan," the civil attorney compiled the remittance records, the fact of interest payments, and the messages exchanged at the time.

Through this, the attorney provided assistance so that it could be clearly asserted that a loan-for-consumption contract had been formed.

2) Reviewing the Legal Responsibility for the Interest Agreement and the Non-Performance of Repayment

The civil attorney focused on the fact that the agreement to pay 3% interest each month had actually been performed, and emphasized that the defendant was aware of the fact of the loan.

In particular, citing the circumstance that the defendant had stopped the business without informing the client, the attorney made clear that the defendant bore responsibility for repayment, centering on the point that liability for non-performance of obligation under Article 390 of the Civil Act is established.

3) Assistance With Debt Recovery, Prioritizing the Preservation of Assets

Considering that the defendant was not making repayment while having stopped operating the business, the attorney responded in the direction of first securing the assets together with the litigation.

reviewed the defendant's accounts and asset relationships in his name and examined the possibility of a provisional attachment, and assisted with the case so that it could lead directly to execution after the judgment.

With the assistance of the civil attorney through the civil litigation consultation, the client was able to respond to the case systematically.

As a result, the court recognized the following points.

1) Proving the Fact of the Loan and the Repayment Deadline

The court attaches importance to the fact that money was actually lent and by when it was to be repaid.

If there is no loan certificate, the loan relationship must be supplemented with evidence such as text messages, SNS conversations, and recordings of phone calls.

2) Management of the Extinctive Prescription

A monetary claim may lose its rights after a certain period passes.

measures to interrupt the prescription, such as sending a certified content letter or filing a lawsuit, before the prescription is completed.

3) Whether the Debtor's Assets Can Be Secured

Even if a judgment is obtained, it is difficult to recover the money if the debtor has no assets.

Therefore, it is necessary to check the asset status before and after the litigation and, if necessary, to also consider preservative measures such as a provisional attachment.