[Assistance From a Seoul Civil Attorney] Daeryun Seoul Civil Attorney Protects the Client's Loan Payment Through Dismissal of the Objection to Claim

CONTENTS

1. The Client Who Came to a Seoul Civil Attorney
- - Seoul Civil Attorney Identifies the Circumstances of the Client's Objection to Claim Civil Case
2. Seoul Civil Attorney Determines the Authenticity of the Loan
3. Seoul Civil Attorney Determines the Authenticity of the Allegation of the Client's Embezzlement

1. The Client Who Came to a Seoul Civil Attorney

The client who came to a Seoul civil attorney requested a defense against the plaintiff's filing of an objection to claim.

The Lawsuit of Objection to Claim Explained by a Seoul Civil Attorney

A lawsuit of objection concerning a claim (lawsuit of objection to claim) is a lawsuit in which a debtor asserts that the private-law claim that is the content of the title of execution does not match the current substantive state and seeks to exclude the executory force held by that title of execution.

■ Civil Execution Act Article 44 (Lawsuit of Objection Concerning a Claim)

(1) If a debtor wishes to object to a claim that has been finalized by a judgment, the debtor must file a lawsuit of objection concerning the claim with the court of first instance.
(2) The objection under paragraph (1) must be based on grounds that arose after the conclusion of oral argument (or, in the case of a judgment rendered without oral argument, after the judgment was pronounced).
(3) Where there are several grounds for objection, they must be asserted at the same time.

Seoul Civil Attorney Identifies the Circumstances of the Client's Objection to Claim Civil Case

The client who came to the Seoul civil attorney and the plaintiff were in a director-and-employee relationship.

The plaintiff had previously obtained a payment order judgment against the client for a loan of 100 million won.

The plaintiff then filed a civil lawsuit of objection to claim.

The plaintiff argued that he had never received a loan from the client, and rather that the client had embezzled 200 million won of company funds from him.

The plaintiff's arguments in the Seoul civil lawsuit were as follows.

■The Plaintiff's Arguments■

1. He never received a loan from the client. The client merely gave him a check received from another person, and he did not lend it himself.

2. It was recorded in the company books as if he had lent it. There is no reason to repay it.

3. Even if there is a loan, the plaintiff holds a claim for the 200 million won that the client embezzled in the course of business. He will offset it with this.

The Seoul civil attorney examined the plaintiff's arguments in the Seoul civil lawsuit one by one.

2. Seoul Civil Attorney Determines the Authenticity of the Loan

The Seoul civil attorney first identified the circumstances of the loan between the client and the plaintiff.

The bank transaction records confirmed by the Seoul civil attorney were as follows.

■Bank Transaction Records■

1. In the plaintiff's record of fund execution from 2017 to 2020, the loan was recorded as the client's receipt on the relevant date, as the client asserts.

2. In 2019, it appeared that the plaintiff assumed a 50 million won debt of the client between other companies.

3. The client lent the plaintiff approximately 330 million won from 2017 to 2020 and was repaid approximately 230 million won. The plaintiff has an obligation to pay the client the remaining 100 million won.

3. Seoul Civil Attorney Determines the Authenticity of the Allegation of the Client's Embezzlement

The Seoul civil attorney also examined the allegation of the client's embezzlement asserted by the plaintiff.

The plaintiff argued that he had withdrawn the 200 million won received from a Reporter Kim to the client, and that the client had embezzled the plaintiff's funds of 200 million won in the course of business.

The plaintiff in the Seoul civil lawsuit argued that he would offset the loan with that 200 million won.

As a result of the Seoul civil attorney's investigation, Reporter Kim was found to be the client's mother-in-law.

The client's mother-in-law mistakenly transferred to the plaintiff the 200 million won that was to be deposited to the client, and the plaintiff sent it to the client, the original account holder.

4. The Court's Determination Following the Seoul Civil Attorney's Argument: Dismissal of the Claim

This is the determination of the court, which accepted the Seoul civil attorney's objective evidence.

■The Court's Determination■

1. In each fund execution record from 2017 to 2020, the temporary receipts were separately and clearly recorded.

2. The issuance date and time of the check asserted by the plaintiff did not match the date and time of the client's temporary receipt deposit.

3. The plaintiff had previously filed a police complaint against the client as well, but a non-referral decision of no suspicion was rendered.

4. There was no evidence that the client embezzled in the course of business.

For these reasons, the court stated that the facts asserted by the plaintiff were insufficient to acknowledge and that there was no evidence to acknowledge them.

The court dismissed the plaintiff's claim and ordered the plaintiff to bear the litigation costs as well.

With the help of the Seoul civil attorney, the client was able to uphold the existing loan payment order while also resolving the allegation of embezzlement asserted by the plaintiff.

Civil Litigation Generally Calls for the Help of a Civil Attorney

Pursuing an objection to claim lawsuit is related to the Civil Execution Act, so it is difficult for an ordinary person without legal knowledge to handle.

If you are experiencing difficulty with civil litigation, the help of a specialist civil attorney with knowledge of civil litigation is needed.

Daeryun Law Firm provides comprehensive legal services that closely identify and prove the facts of the main case.

If you need legal assistance in a Seoul civil lawsuit, you may reach out to a Seoul civil attorney at Daeryun.

[서울민사변호사 조력] 대륜 서울민사변호사, 청구이의 기각으로 의뢰인 대여금 지급 지켜

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