[Claim for Return of a Loan Favorable Judgment Case] Client in a Claim for Return of a Loan Assisted, and the Entire Claimed Amount of 350 Million Won Was Granted

CONTENTS

1. The Client Who Visited Daeryun for a Claim for Return of a Loan
- - The Account of the Client Who Filed a Claim for Return of a Loan
- - Legal Basis Concerning a Claim for Return of a Loan
2. Daeryun's Assistance in a Claim for Return of a Loan
- - Points Argued by Daeryun in the Claim for Return of a Loan
3. Successful Grant of the Full Amount Claimed by the Client in the Claim for Return of a Loan
- - What Is Needed to Prevail in a Claim for Return of a Loan

1. The Client Who Visited Daeryun for a Claim for Return of a Loan

The client who came to file a claim for return of a loan lost approximately 350 million won after being defrauded by an acquaintance in connection with cryptocurrency and a business contract deposit, and, having also incurred high-interest charges in the course of taking out loans for this money, the client wished to file a claim for return against the other party.

The Account of the Client Who Filed a Claim for Return of a Loan

This is the course of events that Daeryun received from the client.

The client came to know the defendant through an acquaintance's introduction. The defendant introduced himself as the representative of a company conducting a global business and boasted that, having achieved a high business return rate, there were many people who wanted to invest in his company.

In the meantime, the defendant introduced the client to a cryptocurrency with a guaranteed fixed return rate and persuaded the client that it would be advantageous to invest even by taking out a high-interest loan.

In the end, the client took out a loan of 100 million won using an apartment he owned as collateral, through a moneylending business, and purchased the cryptocurrency.

Several months later, the defendant introduced a business that he said was attracting international attention, and persuaded the client that the business was short of a contract deposit of 250 million won and asked to borrow it.

However, when the client, who had no funds left because of the cryptocurrency investment, declined this, the defendant continued to persuade the client, saying that if the client took out an apartment-secured loan and lent the money, they would 'repay the existing loan debt of 100 million won, including the accrued interest, on the client's behalf,' and in the end the client set a mortgage to secure the maximum amount on the apartment, real estate he owned, took out a loan from the moneylending business, and transferred that amount.

However, even after the promised date passed, the defendant did not repay the principal, interest, and the like, and as a result the client also was unable to repay the principal and interest, and was therefore unable to cancel the registration of the mortgage.

The client wished to pursue a claim for return of a loan against the defendant, who to this day does not even answer the client's calls, and accordingly requested assistance from Daeryun in this regard.

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Legal Basis Concerning a Claim for Return of a Loan

Claim for Return of a Loan

▣ Civil Act Article 598 (Definition of Loan for Consumption)

A loan for consumption becomes effective when one party agrees to transfer to the other party the ownership of money or other substitutes, and the other party agrees to return objects of the same kind, quality, and quantity.

▣ Civil Act Article 390 (Nonperformance and Damages)

If an obligor fails to perform in accordance with the content of the obligation, the obligee may claim damages. This does not apply, however, where the performance has become impossible without the obligor's intent or negligence.

▣ Civil Act Article 393 (Scope of Damages)

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

(2) The obligor is liable for damages arising from special circumstances only where the obligor knew or could have known of such circumstances.

2. Daeryun's Assistance in a Claim for Return of a Loan

As requested by the client, Daeryun promptly formed a handling team so that they could recover the loan without delay.

Thereafter, the team carefully gathered relevant materials, including the deposit records and the loan transaction agreement, and on that basis identified the facts and provided diligent assistance so that the full amount claimed by the client could be granted.

Points Argued by Daeryun in the Claim for Return of a Loan

Daeryun argued that, from the time of this matter, the defendant had no ability to obtain substantial profit from coin investment or business,

and emphasized that even if the defendant had obtained profit through investment, the defendant had no intent to repay the loan obligation together with the accrued interest to the client.

In addition, Daeryun argued that the loan obtained from the client was not used for the business down payment the defendant had mentioned, and that it was presumed to have been used for purely personal purposes, such as living expenses or the repayment of debts.

3. Successful Grant of the Full Amount Claimed by the Client in the Claim for Return of a Loan

The court accepted the arguments of Daeryun LLC and, in this claim for return of a loan, ruled that the defendant must pay the client the full amount of the loan, including interest.

This judgment was possible because Daeryun assisted the client in clearly organizing the facts and argued for the return of the corresponding amount of loss.

What Is Needed to Prevail in a Claim for Return of a Loan

A claim for return of a loan is a lawsuit brought through trial where the creditor has demanded return from the debtor but repayment of the loan has not been made.

A point to note in this regard is that a claim for return of a loan is also subject to an extinctive prescription period.

Once the extinctive prescription period has passed, there is no longer any need to repay the money, so it is important to receive the assistance of an attorney specializing in this area and to proceed with the legal process without delay.

At Daeryun LLC, attorneys with experience handling related cases form a team and actively assist clients.

Accordingly, if a loan-related issue such as the one above has arisen, please consult Daeryun, where prompt and systematic legal assistance is available.

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