[Loan Repayment Claim Lawsuit Favorable Judgment] Successful Recovery of a Large Loan With Daeryun's Assistance

The client in this case received a request from a close acquaintance, who said the acquaintance was in difficult circumstances, to lend 100 million won for a while.

Considering the relationship they had shared and the acquaintance's circumstances, the client made the difficult decision to lend the money, but the acquaintance claimed difficult circumstances and postponed the loan repayment date.

Eventually, the acquaintance said that the circumstances had become even more difficult and asked the client to lend more money, and at that moment the client became worried about not recovering the loan.

As the client had feared, the acquaintance said the situation had become even more difficult and began making various excuses in response to the loan repayment request, and eventually even avoided the client's contact.

In the end, the client decided to file a loan repayment claim lawsuit and came to Daeryun Law Firm.

Daeryun Law Firm decided to prepare a plan to win the loan repayment claim lawsuit and recover the client's loan.

Let us examine the provisions of the Civil Act that serve as the legal basis related to the loan repayment claim lawsuit.

• Civil Act, Article 598 (Definition of Loan for Consumption)

A loan for consumption takes effect when one party agrees to transfer the ownership of money or other fungibles to the other party, and the other party agrees to return goods of the same kind, quality, and quantity.

• Civil Act, Article 390 (Default and Damages)

When an obligor fails to perform in accordance with the content of the obligation, the obligee may claim damages. However, this does not apply when performance has become impossible without the obligor's intent or negligence.

• Civil Act, Article 393 (Scope of Damages)

(1) Damages for default are limited to ordinary damages.

(2) Damages arising from special circumstances are subject to compensation only when the obligor knew or could have known of those circumstances.

To help the client promptly recover the loan and return to daily life, Daeryun Law Firm represented the client.

First, the firm emphasized that the client had requested repayment of the loan from the acquaintance several times but had received no loan repayment at all to date.

Because the situation had even reached the point of the acquaintance cutting off contact, the firm argued that the acquaintance had no intention of repaying the loan.

The client, who came promptly to Daeryun Law Firm, was able to win the loan repayment claim lawsuit.

Although it was a difficult situation because of the acquaintance, who continuously avoided contact and eventually cut it off, this result was possible because Daeryun Law Firm established a timely strategy based on its know-how.

The court ruled in the client's favor in this loan repayment claim lawsuit.

Accepting Daeryun Law Firm's argument, the court ordered full repayment of the loan.

It also added that interest calculated at an annual rate of 12 percent until the loan repayment is completed must be returned together with the loan, and it ordered the defendant (the acquaintance) to pay the litigation costs as well, together with the loan.

As a result, the client won the loan repayment claim lawsuit and was able to recover the loan.