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Deals & Cases

Loan Claim

Jeonju Loan Attorney's Assistance | Winning a Loan Repayment Claim Lawsuit With a Jeonju Loan Attorney's Assistance

The client had been unable to recover a loan from a friend and, deciding to file a lawsuit, came to a Jeonju loan attorney.

CONTENTS
  • 1. How the Client Came to a Jeonju Loan Attorney
    • - The Client Who Requested Assistance From a Jeonju Loan Attorney
    • - Case-Related Statutes Explained by a Jeonju Loan Attorney
  • 2. Assistance Provided by the Jeonju Loan Attorney
    • - Jeonju Loan Attorney's Assistance ① | Proving the Money Transaction
    • - Jeonju Loan Attorney's Assistance ② | Emphasizing the Irresponsible Attitude
  • 3. Result of the Jeonju Loan Attorney's Assistance: “Winning the Case”

1. How the Client Came to a Jeonju Loan Attorney

The client came to the Jeonju office to request assistance, wishing to pursue a lawsuit to recover in full a loan amounting to tens of millions of won.

The Client Who Requested Assistance From a Jeonju Loan Attorney

This is the account of the client who entrusted the case to a Jeonju loan attorney.

The client had a friend with whom they had been close since their school days.

One day, the friend asked the client to lend a large sum of money, saying that there was an urgent expense to cover.

The client hesitated briefly but, because it was a trusted friend, lent the money while drawing up a loan certificate.

However, the friend did not repay the money even after the agreed deadline passed and began avoiding the client's calls.

Unable to bear it any longer, the client decided to file a loan repayment claim lawsuit and came to a Jeonju loan attorney to request assistance.

Case-Related Statutes Explained by a Jeonju Loan Attorney

🔗Loan Repayment Claim Lawsuit

If the obligor fails to repay the money without justifiable reason, you may file a lawsuit and recover the loan through legal procedures.

However, caution is needed because an extinctive prescription applies. Below are the statutes related to loan lawsuits.

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

A loan for consumption takes effect when one of the parties agrees to transfer to the other 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 (Nonperformance 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 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. Assistance Provided by the Jeonju Loan Attorney

The Jeonju loan attorney communicated with the client in real time and identified the facts of the case.

The attorney then gathered evidence and, aiming to have the full claim granted, developed a systematic strategy and provided the following assistance.

Jeonju Loan Attorney's Assistance ① | Proving the Money Transaction

At the time of the money transaction, the client and the defendant drew up a loan certificate stating the repayment date, the amount, and other terms.

There were also records of the client remitting money to the defendant.

The attorney submitted these as evidence and proved that there had been a money transaction between the two.

Jeonju Loan Attorney's Assistance ② | Emphasizing the Irresponsible Attitude

The client contacted the defendant several times to demand repayment.

The client had also sent a certified letter to the defendant, who did not respond.

However, the attorney emphasized that the defendant had made excuses or deliberately avoided contact and had maintained a consistently irresponsible attitude.

3. Result of the Jeonju Loan Attorney's Assistance: “Winning the Case”

Accepting the Jeonju loan attorney's arguments, the court granted the claim in full and ordered the defendant to bear the litigation costs as well.

If You Have Decided to File a Loan Lawsuit

Even between close parties, it is important to draw up a loan certificate when making a money transaction.

If one was not drawn up, however, you need materials that can prove that a money transaction took place.

Since it is difficult to prove this on your own, it is necessary to respond strategically with the help of an experienced attorney.

At Daeryun Law Firm, attorneys with an average of more than 20 years of experience take on clients' cases and guide the trial strategically.

If you are facing difficulties in a situation like the case above, please use the 🔗attorney recommendation and request a consultation with a Jeonju loan attorney at any time.

전주대여금변호사

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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