Page title background (PC version)Page title background (mobile version)

Deals & Cases

Claim for return of a loan

[Successful Case of a Claim for Return of a Loan] Successful Claim for Return of a Loan Against the Defendant Who Was Lent Business Funds

The client, who pursued a lawsuit for the return of a loan, lent money to a close acquaintance but was unable to recover it, leaving the client in a difficult position. The client requested repayment from the acquaintance several times but did not receive the money.
CONTENTS
  • 1. The Client Who Came to Us for a Lawsuit to Recover a Loan
    • - Why Was the Lawsuit to Recover a Loan Filed?
    • - What Is the Legal Basis for a Lawsuit to Recover a Loan?
  • 2. The Attorney's Strategy for Prevailing in the Lawsuit to Recover a Loan
  • 3. The Client Who Prevailed in the Lawsuit to Recover a Loan and Received the Money
    • - How Did the Court Decide in the Lawsuit to Recover a Loan?
    • - An Attorney's Assistance Is Important in a Lawsuit to Recover a Loan

1. The Client Who Came to Us for a Lawsuit to Recover a Loan

This is the account of how the client came to an attorney for a lawsuit to recover a loan. Shortly after the events of this case, the client came to Daeryun Law Firm, which has extensive experience with lawsuits for the return of a loan.

Why Was the Lawsuit to Recover a Loan Filed?

The client in this case was asked to lend money by the defendant, an acquaintance with whom the client had been close at work, who said that he was short of business funds for a new venture.

Because they had been on such close terms, the client trusted the defendant and lent the money in cash. Since the defendant's business was doing well, the client lent the money without any suspicion.

The defendant, however, did not repay the client, and although the client requested repayment of the debt several times, the defendant did not repay it.

The client ultimately decided to file a lawsuit to recover the loan and entrusted the case to Daeryun Law Firm.

The attorney at Daeryun Law Firm set out to develop a plan to assist the client in prevailing in the lawsuit to recover the loan.

What Is the Legal Basis for a Lawsuit to Recover a Loan?

The legal basis for a lawsuit to recover a loan is grounded in the Civil Act. Let us review the statutes that serve as the legal basis for a lawsuit to recover 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 fungible goods, and the other party agrees to return goods of the same kind, quality, and quantity.

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

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

  • 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 are recoverable only where the obligor knew or could have known of such circumstances.

2. The Attorney's Strategy for Prevailing in the Lawsuit to Recover a Loan

Before pursuing the lawsuit to recover a loan, the client was in a difficult position because the defendant had not repaid the money. The attorney at Daeryun Law Firm decided to represent the client so that the loan could be lawfully recovered through the lawsuit.

The Assistance Provided by the Attorney at Daeryun Law Firm

The attorney team at Daeryun Law Firm emphasized that, in the lawsuit to recover a loan, the defendant had prepared a promissory note for the money he borrowed, showing his intent to repay it.

The team emphasized that, although the client had requested repayment of the debt several times, the defendant had not repaid any of it to date.

The team emphasized that the client had filed the lawsuit to recover a loan in order to obtain both the loan and the interest on it.

3. The Client Who Prevailed in the Lawsuit to Recover a Loan and Received the Money

Before pursuing the lawsuit to recover a loan, the client was in a difficult position because he had lent money to a close acquaintance but had not been repaid. With the timely strategy developed by the attorney at Daeryun Law Firm to recover the loan, the client was able to prevail in the lawsuit to recover a loan.

How Did the Court Decide in the Lawsuit to Recover a Loan?

The court accepted the opinion of Daeryun Law Firm and ruled, ‘The defendant shall pay the plaintiff the full amount of the loan and the delay damages.’

The court also ordered the defendant to bear the litigation costs.

The client was able to recover the money through the lawsuit to recover a loan. He expressed his gratitude to the attorney team at Daeryun Law Firm, who assisted with the lawsuit to recover a loan with full effort.

An Attorney's Assistance Is Important in a Lawsuit to Recover a Loan

A lawsuit to recover a loan may be filed only where there is a legal right to make the claim.

It is necessary to prove that there was a monetary agreement between the creditor and the debtor. For this reason, it is advisable to resolve the matter with the help of an attorney.

If you need a lawsuit to recover a loan as described above, you may entrust your case to Daeryun Law Firm.

[대여금반환청구소송 성공사례] 사업자금 빌려준 피고에게 대여금 반환 청구 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.

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk