CONTENTS
- 1. The Client Who Requested a Response to a Loan Repayment Lawsuit

- - The Client, a Company Representative, Sued by the Plaintiff, an Internal Director
- - What Is a Loan Repayment Lawsuit?
- 2. Assistance to Respond to the Loan Repayment Lawsuit

- - Loan Lawsuit Rebuttal 1. The Argument on the Plaintiff's Financial Management
- - Loan Lawsuit Rebuttal 2. The Argument on a Planned Counterclaim
- 3. Result of the Loan Repayment Lawsuit, Successful Dismissal of the Plaintiff's Claim

1. The Client Who Requested a Response to a Loan Repayment Lawsuit

This is the account of a client who requested a response to a loan repayment lawsuit.
The client was served with a loan lawsuit by the plaintiff for about 100 million won.
The client found this loan lawsuit quite bewildering.
A loan attorney set out to understand the case through a thorough consultation.
The Client, a Company Representative, Sued by the Plaintiff, an Internal Director
The client was the representative of Company A, and the plaintiff is a person serving as an internal director of Company A.
A notable point was that the plaintiff was the client's older brother.
In order to concentrate on research, development, and sales, the client asked her older brother to handle the company's finances.
However, the plaintiff began to act as though he were the company's representative, excluding the client from the company's operations and making it impossible to know how the company was actually being run.
As the plaintiff's tyranny worsened, the client asked him to leave the company and carefully reviewed the record of fund expenditures during that period.
Through this, the client learned that the plaintiff had committed embezzlement and breach of trust by forging various company documents.
The client reported the plaintiff's criminal conduct, and it is currently under investigation.
Meanwhile, the plaintiff instead claimed that he had paid the client 100 million won in loaned money and filed a lawsuit demanding its return.
What Is a Loan Repayment Lawsuit?
🔗A claim for return of a loan is a lawsuit in which a creditor recovers loaned money through a civil action when the creditor cannot collect money lent to a debtor.
To proceed with a claim for return of a loan, the creditor must prove that there was a monetary transaction between the creditor and the debtor.
If, like the client in the case above, a person is served with an unjust loan repayment lawsuit, a strategy must be established to have the loan lawsuit dismissed.
Common Grounds for Dismissal of a Loan Lawsuit |
-If the 10-year extinctive prescription has been completed |
2. Assistance to Respond to the Loan Repayment Lawsuit
We set out to provide assistance to have the plaintiff's claim in the loan repayment lawsuit dismissed.
The loan attorney set out to gather evidence to prove that the plaintiff's claim was without merit.
Loan Lawsuit Rebuttal 1. The Argument on the Plaintiff's Financial Management
The loan attorney argued that the plaintiff had managed the client's personal finances.
Although the plaintiff did consult to some extent regarding matters such as the record of fund expenditures, there was no fact that a loan agreement or a monetary loan for consumption had been concluded with the plaintiff.
On the contrary, it was confirmed that the plaintiff had already borrowed nearly 300 million won of the client's company funds without going through any internal approval procedure.
The loan attorney submitted the customer ledger of the above loan records as evidence and argued that even if the client had borrowed the money at issue from the plaintiff, the amount the plaintiff owed the client was far greater.
Loan Lawsuit Rebuttal 2. The Argument on a Planned Counterclaim
It is confirmed that the plaintiff not only embezzled and committed breach of trust with the client's company funds, but also transferred far more money than the amount the plaintiff claims.
Accordingly, the loan attorney argued that a counterclaim would be filed, emphasizing that the plaintiff's claim was without merit.
3. Result of the Loan Repayment Lawsuit, Successful Dismissal of the Plaintiff's Claim
As a result of responding to the loan repayment lawsuit, the court issued a judgment dismissing the plaintiff's claim.
With the help of the loan attorney, the client obtained a judgment dismissing the plaintiff's claim for about 100 million won in loaned money.
If you are involved in a loan repayment lawsuit, the most important thing is to closely determine whether the money in question is 'loaned money' and respond accordingly.
In the case above, it was possible to prevail by identifying the circumstances and the facts of the case and responding accordingly.
Daeryun Law Firm achieves higher efficiency than solo handling by forming a team of a lead attorney handling the case along with supporting attorneys&experts.
If you need help with a loan repayment lawsuit, we invite you to receive an 🔗attorney recommendation at Daeryun Law Firm.

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.












