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Deals & Cases

Loaned money (loan claim)

[Jeju Loan Attorney Favorable Judgment Case] Jeju Loan Attorney Succeeds in Recovering the Client's Loan

The client who came to the loan attorney at the Jeju office had lent money to an acquaintance and was unable to recover it, and sought to proceed with litigation with the assistance of the Jeju loan attorney.

CONTENTS
  • 1. How the Client Came to the Jeju Loan Attorney
    • - Client Requested Civil Litigation Assistance From the Jeju Loan Attorney
    • - Loan-Related Laws Explained by the Jeju Loan Attorney
  • 2. Assistance Provided by the Jeju Loan Attorney
    • - Jeju Loan Attorney Argued That the Plaintiff Had Repeatedly Requested Repayment From the Defendant
    • - Jeju Loan Attorney Argued That the Defendant Had an Obligation to Return the Loaned Money to the Plaintiff
  • 3. Result of the Jeju Loan Attorney's Assistance, ‘Favorable Judgment’

1. How the Client Came to the Jeju Loan Attorney

The client who came to the Jeju loan attorney had lent money to an acquaintance who said the acquaintance was opening a store, but when the promised date arrived the client could not recover the money, and so decided to pursue civil litigation.

Client Requested Civil Litigation Assistance From the Jeju Loan Attorney

The client in this case sought to recover the loaned money through litigation with the assistance of the Jeju loan attorney.

An acquaintance with whom the client was usually close asked the client to lend the costs of opening a store, and the client lent about 50 million won over several occasions.

A loan certificate was prepared and a repayment date was set, but as that date approached, the defendant offered various excuses and did not repay.

Because the defendant was a close acquaintance, the client waited, but seeing the defendant refuse contact and avoid the matter, the client decided to pursue litigation.

The client then came to the Daeryun Law Firm Jeju loan attorney and sought to recover the loaned money through civil litigation.

Loan-Related Laws Explained by the Jeju Loan Attorney

Loan Return Claim Litigation

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

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

  • Civil Act Article 390 (Non-performance of Obligations and Damages)

Where an obligor fails to perform in accordance with the substance of the obligation, the obligee may claim damages. However, this shall not apply where performance has become impossible without the obligor's intent or negligence.

  • Civil Act Article 393 (Scope of Damages)

(1) Damages for non-performance of an obligation shall be limited to ordinary damages.

(2) Damages arising from special circumstances shall be recoverable only where the obligor knew or could have known of such circumstances.

2. Assistance Provided by the Jeju Loan Attorney

To obtain a favorable judgment in the litigation, the Daeryun Law Firm Jeju loan attorney developed a strategy through a careful consultation with the client.

The attorney submitted the transaction records, the loan certificate, and the content of conversations with the defendant as evidence, and proved that there had been a money transaction between the client and the defendant.

Jeju Loan Attorney Argued That the Plaintiff Had Repeatedly Requested Repayment From the Defendant

The defendant has delayed repayment of the loaned money borrowed from the plaintiff and has not paid the agreed principal and interest.

The plaintiff requested repayment of the loaned money on several occasions, but the defendant offered various excuses and continued to delay returning the loaned money, and the attorney argued that the defendant was intentionally refusing the plaintiff's contact.

Jeju Loan Attorney Argued That the Defendant Had an Obligation to Return the Loaned Money to the Plaintiff

The Jeju loan attorney submitted the loan certificate and the transaction record as evidence and proved that the plaintiff had lent money to the defendant.

However, despite the fact that the agreed repayment date had long passed, the defendant did not repay even 1 won to the plaintiff.

The attorney argued that the plaintiff had filed the litigation in order to recover the principal and the delay damages, and appealed for the court to grant the claim in full.

3. Result of the Jeju Loan Attorney's Assistance, ‘Favorable Judgment’

The court accepted the argument of the Daeryun Law Firm Jeju loan attorney and issued a judgment ordering the defendant to pay the loaned money to the plaintiff.

The litigation costs were also borne by the defendant, and with the assistance of the Jeju loan attorney, the matter was concluded with a favorable judgment in the civil litigation.

If You Are Unable to Recover Loaned Money

This case was an example of a client who succeeded, with the assistance of the Jeju loan attorney, in recovering loaned money that had not been returned.

If you are in difficulty because you have not been able to recover loaned money, recovering it through litigation is the most reliable method.

In a loan lawsuit, it is important to obtain the assistance of an experienced attorney and to prove that there was a money transaction.

If you need legal help in a situation similar to the case above, you may entrust the matter to the Daeryun Law Firm Jeju loan attorney at any time.

[제주대여금변호사 승소사례] 제주대여금변호사, 의뢰인 대여금 반환 성공

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.

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