CONTENTS
- 1. Case of a Client Who Sought a Civil Litigation Attorney
- - What Is a Loan Lawsuit?
- 2. Details of the Civil Litigation Attorney's Assistance
- - Proving the Nature of the Borrowed Money
- - Emphasizing the Legitimacy of a Demand for Performance of a Debt Without a Deadline
- - Pursuing a Supplementary Argument on the Nature of Unjust Enrichment
- 3. Result of the Civil Litigation Attorney's Assistance: "Granting of the Full Return of the Loan"
- - Why Is the Assistance of a Civil Litigation Attorney Important?
1. Case of a Client Who Sought a Civil Litigation Attorney
The client who sought a civil litigation attorney developed a romantic relationship with the other party, whom the client had met through a hobby club, and then remitted a total of 180 million won to the defendant in order to prepare to start a self-employed business together.
The defendant complained of difficulties at the existing workplace and proposed starting a business, and the client, in order to help, bore not only living expenses but also the startup funds.
After the store opened, however, the defendant's attitude changed abruptly, and the defendant avoided visits and contact while continuing to request funds.
In the end, the client lost trust and requested the return of the funds, but the defendant took no repayment measures whatsoever, and the client therefore requested the assistance of a civil litigation attorney and proceeded with a claim for the return of the loan.
What Is a Loan Lawsuit?
A loan lawsuit refers to a civil procedure through which a person who has lent money claims the return of the money through the court when the other party does not repay it even after the deadline has passed.
This may appear to be a simple dispute over default, but in the actual litigation process, complex issues such as the genuineness of the borrowing, the existence of a repayment promise, and whether there was an intent to return the money may be addressed.
In particular, under Article 162 of the Civil Act, a loan claim is generally subject to an extinctive prescription of ten years, and if the right is not exercised within this period, the claim cannot be made legally.
Therefore, confirming in advance whether the prescription period has expired is also very important.
In a loan lawsuit, the mere fact that money was remitted is not sufficient, and evidence that can prove that it was "lent" becomes the key.
To win the case, the circumstances and materials supporting that it was a "loan" rather than a "gift" must be organized.
Key Evidentiary Materials Used in a Loan Lawsuit
The amount, due date, and interest terms specified in a loan certificate or loan contract
Account transfer records, the date and time of remittance, and financial institution transaction records
Messenger records, such as text messages or KakaoTalk, that include phrases such as "I will repay it" or "I will send it by such-and-such a date"
Certified content mail and demand letters sent to the debtor
In this way, securing materials that can prove the fact of the loan and the legitimacy of the demand for return is decisive, and because the result can vary greatly depending on the initial response direction, it is advisable to prepare systematically with the assistance of a civil litigation attorney.
2. Details of the Civil Litigation Attorney's Assistance
From the early stage of the case, the civil litigation attorney closely analyzed the circumstances of the payment of money and the course of the relationship and established a pleading strategy to clarify the responsibility for return.
Proving the Nature of the Borrowed Money
The civil litigation attorney clearly established that the 180 million won the client remitted to the defendant was not a simple gift but a "loan" intended for startup funds.
By comprehensively reviewing the remittance records, conversation records, and business-related materials, the attorney emphasized that the money was a monetary transaction premised on return.
Emphasizing the Legitimacy of a Demand for Performance of a Debt Without a Deadline
In this case, although there was no clear agreement on a due date, the civil litigation attorney argued that the client had already repeatedly requested return through verbal communications and text messages and that an official demand for performance had been made through service of the complaint.
Through this, the attorney persuasively proved that the time for performance of a "debt with no fixed deadline" could be deemed to have arrived.
Pursuing a Supplementary Argument on the Nature of Unjust Enrichment
Focusing on the fact that the defendant had proposed the business in a relationship premised on marriage from the outset and had received a large sum of funds from the client, the civil litigation attorney highlighted that the money in this case in effect also had the nature of unjust enrichment.
In other words, the attorney emphasized that if the money were not returned, a claim for the return of unjust enrichment would also be legally possible, thereby diversifying the legal arguments.
3. Result of the Civil Litigation Attorney's Assistance: "Granting of the Full Return of the Loan"
The court, accepting the systematic arguments and proof of the civil litigation attorney, determined that it was clear the defendant had borrowed a total of 180 million won from the plaintiff.
The court found that the money corresponded not to a simple act of goodwill or a gift but to a loan premised on return that was provided as business funds, and it determined that even without an agreement on a due date, the defendant had an obligation to return the money once the plaintiff had already demanded performance.
In particular, the fact that the defendant also did not deny the fact of the monetary borrowing itself during the litigation and stated to the effect that there had been an intent to repay also influenced the judgment.
Accordingly, the court pronounced a judgment to the effect that the defendant must pay the plaintiff the full amount of 180 million won.
Why Is the Assistance of a Civil Litigation Attorney Important?
A loan dispute is not resolved simply by filing a lawsuit.
Because the result can vary depending on which legal procedure is selected and which arguments and evidence are used to construct the case, professional strategy must be established from the beginning.
At Daeryun Law Firm, a civil litigation attorney with abundant experience in the fields of debt recovery and civil litigation personally diagnoses the case and systematically conducts the entire process from evidence collection to litigation response.
In addition, through a system that allows collaboration with the Evidence Investigation Center, the Digital Forensics Center, and others, a prompt and precise response is possible.
If you have been unable to recover money you lent, please receive assistance now through a 🔗legal consultation appointment.
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.
