Jeju Attorney's Assistance | Loan Claim Lawsuit Won at Trial and Again on Appeal

The client lent approximately 50 million won, wishing to help an acquaintance who was struggling in business.

The client explained that the acquaintance was initially very grateful, promised to repay the amount with high interest in return, and even prepared a loan certificate.

However, when the dates for repaying the interest and principal arrived, there was no particular contact, so the client asked the acquaintance, but the acquaintance only changed the subject and did not give a clear answer about repayment.

Disheartened by this, the client filed a lawsuit for return of the loan and won, but the defendant refused to accept the judgment and appealed.

To receive legal assistance in the appellate proceedings, the client came to the Jeju office.

As in the client's case, when a person lends money to another and does not receive the promised amount back within the term, the money may be recovered through a lawsuit claiming the return of the loan.

When a credit-and-debt relationship arises, it would be most ideal if the monetary transaction were concluded through discussion, but if that is not the case, resolving the matter through civil litigation is the most certain method.

As in the client's situation, cases in which the promised interest is not repaid, the return is delayed, contact is cut off, or the obligation to repay is ignored can all be resolved through a lawsuit claiming the return of the loan.

However, to prevail in a lawsuit claiming the return of a loan, the monetary transaction must be proven through materials such as a loan certificate, and matters such as whether interest applies and the repayment date must be clearly established.

Because this process requires a comprehensive review of complex materials and a persuasive argument built on that review, the assistance of an attorney experienced in loan matters is important.

🔗If you would like to know more about lawsuits for the return of a loan

The defendant continued to claim that the interest rate was excessive and unfair.

The attorney submitted the loan certificate prepared by the client and the defendant as evidence, emphasized that the interest rate was reasonable, and argued that the defendant had an obligation to repay.

Even after the judgment of the court of first instance, the defendant deliberately avoided the client's contact, and showed behavior such as answering calls when contacted from a mobile phone other than the client's number.

Through this, the attorney emphasized that the defendant was intentionally evading the debt and was maliciously ignoring the fact that the defendant had to repay the loan.

If, as in the client's situation, you have lent money and have not been repaid the promised interest and principal, resolving the matter civilly through a lawsuit claiming the return of the loan is the most certain approach.

In addition, when filing a lawsuit claiming the return of the loan, you may also proceed with measures such as 🔗provisional attachment and provisional injunction to guard against the other party hiding or disposing of assets.

Conversely, when there is no debt or it has already been repaid, yet the creditor continues to press for payment, you may also prove that there is no debt to repay through 🔗a lawsuit for confirmation of non-existence of debt.

Because civil disputes over such credit-and-debt relationships must be supported by securing evidence, clear proof, and legally persuasive arguments, the assistance of an attorney with extensive related experience is important.

If you need a consultation regarding loans or other credit-and-debt matters, we recommend arranging a consultation through 🔗a legal consultation appointment.