Page title background (PC version)Page title background (mobile version)

Deals & Cases

Loan Claim

An Incheon Law Firm Assistance Case | Full Recovery of a Loan With the Assistance of an Incheon Law Firm

The client is a financial institution that had extended a loan to a customer. Unable to recover it, the client requested the assistance of an Incheon attorney in order to proceed with a lawsuit for the return of the loan.

CONTENTS
  • 1. How the Client Came to Visit an Incheon Law Firm
    • - What Led the Client to Visit an Incheon Law Firm
    • - Statutes Relevant to the Case, as Explained by an Incheon Law Firm
  • 2. The Assistance Provided by an Incheon Law Firm
    • - An Incheon Law Firm Argues That the Defendant Has an Obligation to Repay the Loan
    • - An Incheon Law Firm Argues That the Defendant's Loan Repayment Period Has Passed
    • - An Incheon Law Firm Argues That There Is No Evidence Recognizing the Joint Guarantee Arrangement
  • 3. The Client Who Succeeded in Recovering the Loan With the Assistance of an Incheon Law Firm
    • - If You Are Looking for an Incheon Law Firm

1. How the Client Came to Visit an Incheon Law Firm

Incheon Law Firm Background

The client requested the assistance of an Incheon attorney in order to recover a loan obligation from the debtor. The Incheon attorney collaborated with attorneys across the country to assist the client.

What Led the Client to Visit an Incheon Law Firm

The client is the corporate representative of a financial institution.

The defendant visited the client's financial institution to obtain a loan.

The financial institution then extended a loan to the defendant.

However, the defendant did not repay the loan obligation even after the loan due date had passed.

In the end, the client requested the assistance of an Incheon law firm in order to recover the loan obligation from the defendant.

Statutes Relevant to the Case, as Explained by an Incheon Law Firm

The Incheon law firm explained that, if the other party does not repay the money, one may proceed with a 🔗claim for return of a loan.

If the debtor does not repay the money without a legitimate reason, one may file a lawsuit and recover the loan through legal proceedings.

A loan claim refers to a bank extending a loan.

Put simply, it refers to the creditor's right to receive repayment of the claim when the creditor has extended a loan to the debtor.

As with a financial institution above, it may extend loans to individuals or businesses.

If the other party then falls behind on the loan, the business can proceed with a lawsuit for the return of the loan and recover it.

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

A loan for consumption takes effect when one party agrees to transfer to the other party the ownership of money or other substitutes and the other party agrees to return objects of the same kind, quality, and quantity.

※ Civil Act Article 390 (Non-Performance of Obligations and Damages)

If an obligor fails to perform in conformity 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 non-performance of an obligation are limited to ordinary damages.
(2) The obligor is liable to compensate for damages arising from special circumstances only where the obligor knew or could have known of those circumstances.

*Circumstances may vary depending on the individual, so for an accurate review, please obtain a 🔗legal consultation with an attorney.

2. The Assistance Provided by an Incheon Law Firm

After holding a careful consultation with the client at the Incheon law firm, the Incheon attorney made the following arguments.

An Incheon Law Firm Argues That the Defendant Has an Obligation to Repay the Loan

The client's business lent the money to the defendant but has not been repaid.

The Incheon law firm therefore argued that the defendant has an obligation to repay the loan.

An Incheon Law Firm Argues That the Defendant's Loan Repayment Period Has Passed

The defendant has not repaid the loan to the client's business even though the loan repayment period has passed.

A loan borrowed from a financial institution is subject to a 5-year extinctive prescription.

The Incheon law firm argued that the defendant is liable to pay the loan together with delay damages.

An Incheon Law Firm Argues That There Is No Evidence Recognizing the Joint Guarantee Arrangement

The defendant argued, citing a 'proposal to abolish the joint guarantee system in the secondary financial sector,' that joint guarantees for personal loans should be prohibited.

The Incheon law firm rebutted this and emphasized that there was no evidence recognizing the existence of a right of termination.

3. The Client Who Succeeded in Recovering the Loan With the Assistance of an Incheon Law Firm

The client was able to recover the loan in full with the assistance of an Incheon attorney.

If You Are Looking for an Incheon Law Firm

The corporate client, the representative of a financial institution, proceeded with a lawsuit for the return of a loan in order to recover it from a debtor who had not repaid the loan.

If you have been unable to recover a loan, pressuring the debtor directly is an unlawful method, so recovering the claim through legal proceedings is a sound approach.

For corporate clients, Daeryun derives a rapid response approach ranging from advance management of legal risks to the establishment of contingency strategies.

If you face a situation like the one above, please request the assistance of a Daeryun 🔗Incheon attorney, where specialists in corporate, civil, criminal, and other fields collaborate to assist clients.

인천로펌 조력 사례 | 인천로펌의 조력으로 대여금 전액 반환

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.

Related Information
Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 260
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk