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Deals & Cases

Loaned money (loan claim)

Incheon Civil Attorney Assistance | Incheon Civil Attorney, Full Amount of the Loan Claim Granted

The client who requested assistance from an Incheon civil attorney came to the civil attorney at the Incheon office in order to file a civil action because the client had not been repaid the money that had been lent.

CONTENTS
  • 1. The Client Who Came to the Incheon Civil Attorney
    • - How the Client Came to the Incheon Civil Attorney
    • - The Incheon Civil Attorney Explains the Statutes Relevant to the Case
  • 2. Matters of Assistance by the Incheon Civil Attorney
    • - Incheon Civil Attorney: Asserting an Obligation to Pay the Loan
    • - Incheon Civil Attorney: Asserting That There Were Multiple Victims
    • - Incheon Civil Attorney: Asserting That the Defendant Was Intentionally Avoiding Contact
  • 3. Result of the Incheon Civil Attorney's Assistance: A Favorable Judgment
    • - If You Need the Help of an Incheon Civil Attorney

1. The Client Who Came to the Incheon Civil Attorney

Before filing a claim for return of a loan, the client who came to an Incheon civil attorney requested a consultation with an Incheon civil attorney of Daeryun, who has extensive experience in civil cases.

How the Client Came to the Incheon Civil Attorney

인천민사변호사

The following is the account of the client who held a consultation with an Incheon civil attorney.

About one year earlier, the client had lent a large sum of money to the defendant.

However, although the defendant was obligated to pay the principal and interest, the defendant had still not paid back the borrowed money.

Furthermore, the defendant had borrowed approximately 1 billion won from the client and other third parties and had not repaid it.

Accordingly, the client entrusted the civil case relating to the loan to an Incheon civil attorney of Daeryun LLC.

The Incheon Civil Attorney Explains the Statutes Relevant to the Case

► 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 the same in 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. However, this does not apply if performance has become impossible without the obligor's intention or negligence.

► Civil Act Article 393 (Scope of Damages)

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

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

2. Matters of Assistance by the Incheon Civil Attorney

The Incheon civil attorney established a systematic strategy so that the client could recover the loan through this civil action.

The Incheon civil attorney assisted the client by making the following arguments.

Incheon Civil Attorney: Asserting an Obligation to Pay the Loan

The Incheon civil attorney submitted as evidence the loan certificate prepared by the client and the defendant, as well as the transfer statement.

On this basis, the Incheon civil attorney emphasized that the defendant was obligated to pay the client the full amount of the loan together with delay damages.

Incheon Civil Attorney: Asserting That There Were Multiple Victims

The Incheon civil attorney emphasized that the defendant had borrowed approximately 1 billion won from the client and other third parties and had still not repaid it, and that a criminal case was therefore currently in progress.

Incheon Civil Attorney: Asserting That the Defendant Was Intentionally Avoiding Contact

It was emphasized that the client had contacted the defendant several times to request return of the loan, but the defendant was unilaterally avoiding the client's contact.

3. Result of the Incheon Civil Attorney's Assistance: A Favorable Judgment

The court, accepting the arguments of the Incheon civil attorney, rendered the following judgment in this civil case: "The defendant shall pay the plaintiff the full amount of the loan. The costs of the litigation shall be borne by the defendant."

Satisfied with the result, the client visited the Incheon office and expressed gratitude to the civil attorney of Daeryun.

If You Need the Help of an Incheon Civil Attorney

The case above is the account of a client who, with the assistance of an Incheon civil attorney, 🔗recovered a loan that the defendant had failed to repay.

When pursuing a civil action relating to a loan, it is advisable to obtain the help of an experienced attorney.

The Civil Group of Daeryun LLC assists clients with tailored legal solutions suited to each client's circumstances, working to obtain the fullest possible compensation.

If you are facing difficulties with a civil action in a situation similar to the case above, you are welcome at any time to request assistance from an Incheon civil attorney of Daeryun LLC.

인천민사변호사

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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