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Deals & Cases

Loaned money

Assistance by a Busan Civil Litigation Specialist Attorney | Successful Full Recovery of the Loaned Money with the Assistance of a Busan Civil Litigation Specialist Attorney

The client who came to a Busan civil law specialist attorney decided to pursue a civil lawsuit against an acquaintance who had borrowed money and failed to repay it, and came to the civil law specialist attorney at the Busan office.

CONTENTS
  • 1. How the Client Came to Seek a Busan Civil Litigation Specialist Attorney
    • - The Client Who Requested Assistance from a Busan Civil Litigation Specialist Attorney
    • - Statutes Related to the Case Explained by a Busan Civil Litigation Specialist Attorney
  • 2. Matters Handled by the Busan Civil Litigation Specialist Attorney
    • - Argument of the Busan Civil Litigation Specialist Attorney ① | The Unjustness of the Defendant's Argument
    • - Argument of the Busan Civil Litigation Specialist Attorney ② | The Duty to Repay the Loaned Money
  • 3. Result of the Busan Civil Litigation Specialist Attorney's Assistance: “Winning the Case”

1. How the Client Came to Seek a Busan Civil Litigation Specialist Attorney

The client who came to the Busan civil litigation attorney requested assistance from a civil litigation attorney at the Busan office in order to file a civil lawsuit against an acquaintance who had deceived the client and borrowed a large sum of money.

The Client Who Requested Assistance from a Busan Civil Litigation Specialist Attorney

부산민사전문변호사

This is the story of a client who entrusted the case to a Busan civil litigation attorney.

Through an introduction by a friend, the client came to know a man who was running a business.

One day, the man came to the client in a hurry and asked to borrow money in cash.

However, the client not only had no cash but was also troubled because the amount of money requested was large.

At this point, the man persuaded the client, saying that his business was going well and he had a stable income, so he could be trusted, and promising to pay interest as well.

After much consideration, the client transferred a large sum of money to the man's account, but even now, long after the promised repayment date had passed, he had not repaid the money, and so the client ultimately decided to file a lawsuit.

The client then visited a Busan civil litigation attorney and requested assistance with a 🔗loan claim lawsuit.

Statutes Related to the Case Explained by a Busan Civil Litigation Specialist Attorney

▶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 kind, quality, and quantity.

▶Civil Act Article 390 (Default and Damages)

If 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 any intent or negligence on the part of the obligor.

▶Civil Act Article 393 (Scope of Damages)

(1) Damages for default shall be limited to ordinary damages.
(2) The obligor shall be liable for damages arising from special circumstances only where the obligor knew or could have known of such circumstances.

2. Matters Handled by the Busan Civil Litigation Specialist Attorney

The Busan civil litigation attorney established a strategy to win the case in collaboration with an attorney who has extensive experience in related cases.

The attorney earnestly requested that the court grant the claim in full with the following arguments.

Argument of the Busan Civil Litigation Specialist Attorney ① | The Unjustness of the Defendant's Argument

The defendant denied the obligation to repay the loan, characterizing the money borrowed from the client as an investment.

The Busan civil litigation attorney submitted the records of the transfers between the client and the defendant, along with the records of conversations urging performance of the debt.

Through the above evidence, the attorney emphasized that the funds had been transferred as a loan rather than as an investment, and proved that the defendant's argument was without merit.

Argument of the Busan Civil Litigation Specialist Attorney ② | The Duty to Repay the Loaned Money

In this case, even though the defendant had an obligation to return to the client the loaned money and interest, the defendant did not repay the money despite the client's demands for payment.

The attorney emphasized that the defendant must pay the client delay damages, including interest, from the agreed repayment date until the date of full payment.

3. Result of the Busan Civil Litigation Specialist Attorney's Assistance: “Winning the Case”

Accepting the arguments of the Busan civil law attorney, the court granted the claim in full and ordered the defendant to bear the litigation costs.

If You Are Unable to Recover a Loan

In this case, the client, who had lent a large sum of money to an acquaintance but had not been repaid, prevailed in litigation with the assistance of a Busan civil law attorney and succeeded in recovering the funds.

When lent money has not been repaid in this way, resolving the matter through litigation with the help of an attorney is an effective approach.

At Daeryun LLC, a 🔗civil law attorney takes on the case and makes every effort to achieve client satisfaction.

If you need legal help in a situation like the case above, please request a consultation from a Busan civil law attorney at any time.

부산민사전문변호사

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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