[Incheon Loan Claim Attorney Assistance Case] Return of the Loan Obtained With the Assistance of the Incheon Loan Claim Attorney

The Incheon loan claim attorney reviewed the case as a whole through a direct consultation. The client learned that an acquaintance who ran a business needed urgent funds.

After hearing the acquaintance's circumstances, the client actively tried to provide the money, and the acquaintance prepared a notarized document and a loan certificate in return.

However, when the repayment date of the loan arrived and the client pressed for repayment of the principal and interest, the acquaintance avoided the client's contact.

In addition, when the client pressed about the loan, the acquaintance engaged in conduct such as speaking ill of the client at gatherings or threatening the client in a brazen manner.

After hearing the client's account, the Incheon loan claim attorney promised to provide assistance toward the return of the full loan amount.

■ Case-related statutes explained by the Incheon loan claim attorney

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

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

▶Civil Act Article 390 (Nonperformance and Damages)

If a debtor fails to perform in accordance with the substance of the obligation, the creditor may claim damages. However, this does not apply where performance has become impossible without the debtor's intent or negligence.

▶Civil Act Article 393 (Scope of Damages)

(1) Damages for nonperformance are limited to ordinary damages.

(2) Damages arising from special circumstances may be claimed only where the debtor knew or could have known of those circumstances.

The Incheon loan claim attorney argued that, under the Civil Act, the defendant has an obligation to pay the plaintiff the loaned money.

The attorney noted that if the debtor fails to repay the money the creditor lent, the creditor may claim the loaned money through civil litigation.

The defendant did not observe the repayment period, and the Incheon loan claim attorney emphasized that the defendant did not perform the obligation to pay the client the loaned money.

The Incheon loan claim attorney focused on the defendant's conduct in response to the client's requests for repayment of the loan.

The attorney argued that, after the repayment period had passed, the defendant lied and evaded the client's attempts to contact the defendant to obtain repayment of the loan.

The Incheon loan claim attorney noted that the defendant intentionally did not respond despite repeated attempts to contact, and that the client learned of this from the defendant's acquaintances.

Beyond that, considering that the defendant used abusive language and spoke ill of the client at gatherings and made direct threats against the client, the attorney argued that the defendant showed no sign of remorse.

The Incheon loan claim attorney therefore argued that the defendant was intentionally avoiding the client in order not to return the loan.

The Incheon loan claim attorney argued that the client made efforts to obtain repayment of the loan through a notarized document and a loan certificate.

Wishing to help the defendant, the client prepared a notarized document and a loan certificate in the course of lending the money in order to take clear documentary measures.

When the defendant did not return the loan, the client periodically raised the matter of the loan.

The Incheon loan claim attorney therefore argued that the client made efforts to obtain the loan and sought to prove the fact of the loan legally.

The client who came to the Incheon loan claim attorney did not receive the loan even though the repayment period had passed, and the client requested a loan return lawsuit.

The Incheon loan claim attorney of Daeryun provided assistance, cooperating throughout the entire process from the consultation with the client to the trial.

As a result, with the assistance of the Incheon loan claim attorney of Daeryun Law Firm, the client was able to obtain repayment of the full loan amount.

If you are facing a situation similar to that of the client above, please come to an attorney of Daeryun Law Firm with specialized legal knowledge and seasoned experience.