CONTENTS
- 1. The Client's Situation
- - How the Client Came to Seek a Civil Attorney
- 2. Relevant Statutes Explained by the Gunsan Civil Attorney
- 3. Assistance Provided by the Gunsan Civil Attorney
- - Gunsan Attorney's Argument ①
- - Gunsan Attorney's Argument ②
- 4. The Court's Decision on the Gunsan Civil Attorney's Argument
- - If You Need the Assistance of a Gunsan Civil Litigation Attorney
1. The Client's Situation
The client held a consultation with a civil litigation attorney at the Gunsan branch office in order to respond to the lawsuit together with an attorney experienced in handling a variety of civil cases.
How the Client Came to Seek a Civil Attorney
The following is the account of the client, who held a close consultation with the Gunsan civil litigation attorney.
The client decided to invest in the food supply business operated by the S distribution company.
The plaintiffs, who were acquaintances of the client, also decided to take part in the investment.
The plaintiffs accordingly handed their investment funds to the client, and the client passed the investment funds on to the S distribution company.
A few months later, however, the client was sued by the plaintiffs for the return of the investment funds.
The reason was that the client had allegedly deceived them into believing that the client was directly carrying out the supply business and had obtained approximately 100 million won under the guise of investment funds.
The client had never entered into an investment contract with the plaintiffs and had committed no deception or failure to perform an investment contract, and so was placed in a difficult position.
🔗Civil attorney: The client sought out the Gunsan civil litigation attorney in order to obtain a dismissal of the plaintiffs' claim with the assistance of an attorney.
2. Relevant Statutes Explained by the Gunsan Civil Attorney
A lawsuit for the return of investment funds is one in which an investor petitions the court to recover the money invested.
It is generally filed when a contract has not been properly performed, or when an unlawful reason such as fraud exists.
“As to whether the crime of fraud by obtaining investment funds is committed, even if at the time of the investment agreement the person receiving the investment uses the funds received from the investor for the investment business explained to the investor, where that person, having no intention or ability to return the principal within a certain period, nonetheless lies as though the principal will be returned to the investor within a certain period, this constitutes a deceptive act as a requirement of the crime of fraud.”
If a lawsuit for the return of investment funds satisfies the requirements of the crime of fraud, then it may be converted into a criminal case.
3. Assistance Provided by the Gunsan Civil Attorney
The Gunsan civil attorney assembled a task force of 1 to 20 specialists and closely analyzed the facts of the case.
The attorney established a step-by-step response accordingly, and argued the following points to assert that the client had no obligation to return the investment funds.
Gunsan Attorney's Argument ①
The plaintiffs argued that they had not received the proceeds from the client.
The client passed the investment proceeds on to the plaintiffs immediately upon receiving them.
In light of the financial transaction records, the client had completed the transfer to the account designated by the plaintiffs, and so the attorney emphasized that the plaintiffs' statement that they had not received the proceeds was false.
Gunsan Attorney's Argument ②
About two weeks after receiving the investment funds from the plaintiffs, the client introduced them to an employee of the company.
In the course of this, they even received a detailed explanation of the supply business.
Taking all of the detailed facts together, the attorney emphasized that the statement that the client had deceived the plaintiffs and obtained the investment funds was false.
4. The Court's Decision on the Gunsan Civil Attorney's Argument
Accepting the Gunsan civil attorney's argument, the court issued a decision that ‘the plaintiffs' claims are all dismissed. The costs of the litigation shall be borne by the plaintiffs.’
The client expressed deep gratitude, saying that the client was able to win the case thanks to the Gunsan civil attorney.
If You Need the Assistance of a Gunsan Civil Litigation Attorney
Because the interpretation of complex contracts, the gathering of evidence, and the application of legal principles are important in a lawsuit for the return of investment funds, it is recommended to approach the matter strategically with an experienced attorney.
At Daeryun Law Firm, a task force of 3 to 20 specialists works together cohesively on a single case.
The firm devotes its full efforts to resolving the client's case, including responding to settlement mediation, related litigation, and appeals.
If, as in the case above, you wish to achieve a favorable outcome in a lawsuit for the return of investment funds, we recommend that you visit a Gunsan civil attorney for a consultation 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.
