CONTENTS
- 1. The Client Who Decided to Pursue Loan Claim Civil Litigation
- - How the Large Sum of Money Came to Be Lent
- 2. Loan Claim Civil Litigation: Case-Related Information
- - What Are the Laws Related to a Loan Claim?
- - How Can a Loaned Sum Be Recovered?
- 3. Assistance Provided for Loan Claim Civil Litigation
- - Civil Litigation Lawyer Pleading (1): The Repayment Period
- - Civil Litigation Lawyer Pleading (2): The Deceptive Conduct
- - Civil Litigation Lawyer Pleading (3): Emotional Distress
- 4. Result of the Loan Claim Civil Litigation Assistance: “Full Return”
- - If You Have Not Been Repaid Money You Lent
1. The Client Who Decided to Pursue Loan Claim Civil Litigation
The client who decided on a loan civil lawsuit had lent money to a friend and could not get it back, but through the assistance of a civil litigation attorney who had handled numerous loan cases, the client succeeded in obtaining full repayment of 100 million won.
How the Large Sum of Money Came to Be Lent
The client who filed the civil lawsuit for a loan had, several years earlier, lent money to a friend who said that his business was struggling.
The friend continued to borrow money from the client several more times under the pretext of business expenses, and the amount reached as much as 100 million won.
The client demanded repayment of the borrowed money, but the friend even avoided the client's contact.
Accordingly, the client decided to file a civil lawsuit for the loan and requested assistance from a civil litigation attorney.
2. Loan Claim Civil Litigation: Case-Related Information
As with the case of the client who decided to file a loan civil lawsuit, if you lent money trusting the other party's intention to repay but cannot recover it even after the agreed deadline has passed, various legal measures may be available.
What Are the Laws Related to a Loan Claim?
If the period within which the loaned money was to be performed has passed, the debtor incurs liability under Article 387 of the Civil Act.
Where there is a fixed time for the performance of an obligation, the debtor is liable for default from the time the due date arrives.
Where the time for the performance of an obligation is uncertain, the debtor is liable for default from the time he becomes aware that the due date has arrived.
Where there is no time for the performance of an obligation, the debtor is liable for default from the time he receives a demand for performance.
How Can a Loaned Sum Be Recovered?
A loan can be collected through various legal measures such as the following.
Sending a certified content mail can apply psychological pressure on the debtor and can also be used as material in any subsequent litigation.
Before the debtor disposes of assets, money or a claim convertible into money can be attached to preserve any subsequent compulsory execution.
If the debtor acknowledges the existence of the debt, collection can be carried out simply through the demand procedure without appearing in court.
After filing a civil lawsuit and obtaining a title of execution, the debtor's assets can be attached to recover the loan.
3. Assistance Provided for Loan Claim Civil Litigation
To assist the client who filed a civil lawsuit for a loan claim, the civil litigation attorney formed a task force with attorneys who have handled numerous civil lawsuits and reviewed the client's case.
In addition, the attorney analyzed relevant precedents and statutes and prepared a legal response for the client based on the evidence the client submitted.
Civil Litigation Lawyer Pleading (1): The Repayment Period
The civil litigation attorney emphasized that the defendant had not repaid the borrowed money even though the repayment period had passed.
The records of deposits made to the defendant and the conversation records related to the monetary transactions were secured and analyzed.
On this basis, it was possible to establish that the defendant had not repaid the debt even though the repayment period had passed.
Civil Litigation Lawyer Pleading (2): The Deceptive Conduct
The civil litigation attorney emphasized that the defendant's conduct was deceiving the client.
By analyzing the conversation records, it was possible to find records of the client demanding return from the defendant.
It was possible to find circumstances showing that the client had demanded return from the defendant several times, but the defendant had ignored the client's contact.
Civil Litigation Lawyer Pleading (3): Emotional Distress
The civil litigation attorney emphasized that the client was suffering emotional distress due to the defendant's conduct in not repaying the loaned money.
The client complained of psychological stress during the consultation held with the civil litigation attorney.
Based on this, the attorney was able to assert that the client, who had not been repaid the large loaned money, was suffering emotional distress.
4. Result of the Loan Claim Civil Litigation Assistance: “Full Return”
As a result of the civil litigation attorney's assistance to the client who filed a civil lawsuit for the loan, the court rendered a judgment ordering the defendant to return the full 100 million won loaned amount and also pay the litigation costs.
The client expressed gratitude to the civil litigation attorney, saying that thanks to the loan civil lawsuit, he was able to recover the money he had lent.
If You Have Not Been Repaid Money You Lent
This was the story of a client who lent a large sum of money and could not get it back, but succeeded in recovering the full amount of 100 million won thanks to a civil lawsuit for the loan.
As in this case, if you trusted the other party and lent money but could not get it back, you can pursue collection through various legal measures.
However, if it is difficult to resolve on your own due to complicated procedures, it may be advisable to seek a response through the assistance of a specialist attorney.
At Daeryun, attorneys who have handled numerous civil lawsuits form a task force for each client's case and assist the client promptly and systematically.
If, like the client in this story, you have been unable to recover a loan, please prepare for a civil lawsuit for the loan through a 🔗legal consultation reservation.
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.
