Bucheon Civil Attorney's Assistance | Bucheon Civil Attorney Secures Dismissal of the Plaintiff's Claim for Return of 143.5 Million Won

The client, facing a claim for return of 143.5 million won brought by the plaintiff, expressed the unfairness of the situation and requested the assistance of the Bucheon civil attorney.

✔ The Client's Account

The client's younger brother, A, had borrowed money from the plaintiff to raise operating funds for his factory, and when an attachment was placed on the account in A's own name, A used a bankbook in the client's name.

However, when the plaintiff was unable to recover the money from the younger brother, A, the plaintiff filed a claim for return against the client.

The client had merely lent his bankbook at the request of his younger brother, A, and had never used the money at issue.

Feeling wronged, the client came to the 🔗Bucheon Law Firm and requested assistance.

The Bucheon civil attorney explained that a 🔗Claim for Return of a Loan is a lawsuit brought to recover money that has been lent, in which the extinctive prescription of the claim and proof of the fact of the loan are central.

The attorney explained that the extinctive prescription is 5 years for commercial claims and 10 years for ordinary claims, and that if this period is exceeded, recovery becomes difficult.

The basis for return is a loan-for-consumption contract under Article 598 of the Civil Act, and clear evidence such as a loan certificate and transfer records is required.

If the debtor argues that repayment was completed or that the money was a gift, preparing materials to rebut this is also important. The Bucheon civil attorney provides thorough assistance throughout the entire process, from reviewing the extinctive prescription to proving the basis for return and carrying out compulsory execution.

After ascertaining the circumstances of the case through a thorough consultation with the client, the Bucheon civil attorney defended the client on the basis of the following arguments.

✔ Assistance 1 | The client is a third party unrelated to the lending relationship

• The attorney emphasized that the client had no acquaintance whatsoever with the plaintiff and had never borrowed any money.

• The attorney proved that the account in question had been used by the younger brother, A, for his own business, and that the client had no connection whatsoever to the actual flow of funds.

✔ Assistance 2 | A written statement of facts from the younger brother, A

• Through a written statement of facts drawn up by the younger brother, A, himself, it was set out in detail that the money had been used for A's own business operations and tax payments.

• The attorney also emphasized that the plaintiff and the younger brother, A, were acquaintances and that the client's lending of the account was merely a lending of the account's name.

✔ Assistance 3 | Lack of evidence for the plaintiff's claims

• The attorney persuaded the court by pointing out that the evidence submitted by the plaintiff was merely supporting material and could not clearly establish a borrowing relationship.