CONTENTS
- 1. The Client's Situation
- - A Lawsuit Seeking the Return of a Loan as Explained by the Incheon Loan Claim Attorney
- 2. An Incheon Loan Claim Attorney's Assistance in Recovering the Loan
- 3. Result of the Incheon Loan Claim Attorney's Assistance: Successful Claim for the Full Loan Amount
1. The Client's Situation
This is the account of a client who sought the help of an Incheon loan claim attorney.
The client was in a very difficult situation, unable to recover money lent to a close friend.
The friend put off repayment day after day and eventually cut off contact.
Feeling frustrated, the client sought the help of an attorney experienced in loan claims.
The Incheon attorney first sent a certified statement of contents to the defendant (the friend) to demand the return of the loan and to give notice that legal measures could be taken.
Even so, the defendant remained unresponsive, and the Incheon attorney decided to file a lawsuit seeking the return of the loan.
A Lawsuit Seeking the Return of a Loan as Explained by the Incheon Loan Claim Attorney
🔗A lawsuit seeking the return of a loan is a lawsuit through which a creditor recovers money lent to a debtor through civil litigation when the creditor is unable to recover it.
To proceed with a lawsuit seeking the return of a loan, it must be proven that there was a monetary transaction between the creditor and the debtor.
If a loan certificate (a monetary loan agreement) was not prepared when the money was lent, it is important to secure materials that can establish the fact that a monetary transaction took place.
A deposit slip without a passbook, a recording, and certified statements of contents exchanged between the parties may be used as supporting evidence.
If a lawsuit seeking the return of a loan is filed and the case is won, an enforcement title is obtained through the judgment, and compulsory execution can be carried out on that basis.
A point to be careful about in a lawsuit seeking the return of a loan is checking the extinctive prescription of the claim.
A loan claim is extinguished by prescription if it is not exercised for ten years.
If the extinctive prescription has passed, it becomes impossible to file a lawsuit seeking the return.
In addition, because commercial claims have a five-year period and claims for the 🔗price of goods and construction payments have a three-year prescription period, it is recommended to clearly identify the type of claim and the extinctive prescription before proceeding.
2. An Incheon Loan Claim Attorney's Assistance in Recovering the Loan
The Incheon loan claim attorney set out to assist the client in recovering the loan.
The Incheon Attorney Proved the Existence of the Loan Claim
The client and the defendant are friends, and the defendant stated that he was short on the construction costs for renovating his store and asked to borrow 20 million won.
The defendant said he could repay it within two months, and the client believed the defendant and lent the amount.
A short time later, the defendant stated that additional costs had arisen and asked to borrow an additional 10 million won.
When the client hesitated at the large amount, the defendant instead reassured the client by saying, "We have known each other for years, do you not trust me? I can repay it within the deadline, so do not worry."
The Incheon attorney submitted, as evidence, the text messages containing this content and the bank account transfer records.
The Incheon Attorney Argued the Fact of Long-Term Default
The defendant did not repay the debt even after the promised deadline had passed.
When the client pressed for repayment, the defendant intentionally avoided the client's contact, and matters continued in this way up to the present.
The defendant did not even answer the client's contact, yet posted photographs of overseas trips on social media.
The Incheon attorney pointed out that the defendant's attitude was very poor and argued the grounds for the claim seeking the return of the loan.
3. Result of the Incheon Loan Claim Attorney's Assistance: Successful Claim for the Full Loan Amount
As a result of the Incheon loan claim attorney's assistance, the client was able to obtain a decision ordering payment of the full amount of the loan claimed.
The client said, "It was my first lawsuit, so I had many worries. The attorney conducted the consultation thoroughly and presented a solution suited to the situation. Thanks to that, I was able to proceed with the lawsuit with peace of mind."
A situation in which one lends money but cannot recover it can happen to anyone.
At Daeryun Law Firm, attorneys experienced in loan claims serve as the client's legal representatives, securing evidence needed for trial and conducting litigation to protect the client's rights and interests.
Please come to the Daeryun Law Firm 🔗Incheon attorney office, which provides one-stop legal services from situation-specific strategy development and evidence collection through trial.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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