CONTENTS
- 1. How the Client Came to the Seongnam Law Firm
- - The Client Who Decided on a Lawsuit to Recover a Loan
- - A Lawsuit to Recover a Loan Explained by a Loan Claim Attorney
- 2. Three Points of Assistance From the Seongnam Law Firm
- - Arguing That the Acquaintance Had an Obligation to Return the Loan to the Client
- - Arguing That the Client's Livelihood Was Disrupted
- - Arguing That the Acquaintance Made Excuses in Response to the Client's Demands for Return
- 3. The Result of the Seongnam Law Firm's Assistance, "Full Return of the Loan"
- - If a Dispute Over a Loan Arises
1. How the Client Came to the Seongnam Law Firm
The client had lent money to an acquaintance. Having still not been repaid, the client requested assistance from a loan claim attorney. A Seongnam attorney and other attorneys across the country collaborated to assist with the client's case.
The Client Who Decided on a Lawsuit to Recover a Loan
The client had lent money at the request of an acquaintance with whom the client was normally close.
Hearing that the acquaintance was short of money, the client prepared a loan certificate together with the acquaintance and transferred the money.
After that, the client was repaid part of the loan by the acquaintance.
However, the acquaintance said, ‘I am a credit defaulter and short of living expenses,’ and sought to borrow money once again.
The client even took out a loan in order to lend money to the acquaintance.
However, the acquaintance did not repay the client thereafter.
The client therefore requested assistance from a loan claim attorney at the Seongnam office in order to bring a lawsuit against the acquaintance to recover the loan.
A Lawsuit to Recover a Loan Explained by a Loan Claim Attorney
The Seongnam law firm explained about the 🔗lawsuit to recover a loan.
If a person who has borrowed money does not repay it, repayment may be claimed through a lawsuit.
A lawsuit to recover a loan may be filed even if no loan certificate was prepared in a transaction between individuals, as long as it can be proven that a monetary transaction took place.
▶ Civil Act Article 598 (Definition of Loan for Consumption)
A loan for consumption becomes effective when one party 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 (Default and Damages)
If an obligor fails to perform in accordance with the substance of the obligation, the obligee may claim damages. This shall 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 default 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 those circumstances.
* If you would like a thorough review, the Seongnam law firm recommends obtaining a 🔗legal consultation with an attorney.
2. Three Points of Assistance From the Seongnam Law Firm
After conducting a detailed consultation with the client at the Seongnam law firm, the loan claim attorney drew on extensive experience with lawsuits to recover loans and argued as follows.
Arguing That the Acquaintance Had an Obligation to Return the Loan to the Client
When borrowing the loan from the client, the acquaintance prepared a loan certificate.
The loan claim attorney emphasized that the acquaintance had an obligation to return the full loaned amount to the client.
Arguing That the Client's Livelihood Was Disrupted
The client was not financially comfortable but lent the money for the acquaintance even by taking out a loan.
The loan claim attorney argued that the client's daily life had been disrupted because the loan was not returned by the acquaintance.
Arguing That the Acquaintance Made Excuses in Response to the Client's Demands for Return
The client contacted the acquaintance several times to recover the money.
However, the attorney argued that the client had only been told by the acquaintance that the money would be repaid soon and had not actually recovered the loan.
3. The Result of the Seongnam Law Firm's Assistance, "Full Return of the Loan"
The client in order to bring a lawsuit to recover a loan, because the acquaintance did not repay the borrowed money. Through the Seongnam attorney's assistance, the client was able to recover the full loaned amount.
If a Dispute Over a Loan Arises
The client trusted an acquaintance and lent money but was not repaid, so the client requested assistance from a Seongnam attorney.
With the help of the Seongnam attorney, the client was able to recover the full loaned amount.
At Daeryun, attorneys experienced in each field form a team to assist the client.
If you wish to bring a lawsuit to recover a loan, please reach out to a 🔗Seongnam attorney at any time.
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.
