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Loaned money (loan claim)

Lawsuit for Return of a Loan Assistance Case | Securing Full Return of the Loan for the Client

The client who came to this firm for a lawsuit for the return of a loan had been unable to recover the loan and requested a consultation with a civil attorney at Daeryun in order to receive relevant assistance before filing suit.

CONTENTS
  • 1. The Client Who Pursued a Lawsuit for Return of a Loan
    • - The Circumstances Leading to the Decision to File a Lawsuit for Return of a Loan
  • 2. Statutes Concerning a Lawsuit for Return of a Loan
    • - What Are the Precautions Regarding a Loan Claim?
    • - The Issues in a Lawsuit for Return of a Loan
  • 3. Areas of Assistance in the Lawsuit for Return of a Loan
    • - Civil Attorney's Argument ① Obligation to Repay
    • - Civil Attorney's Argument ② Financial Hardship
  • 4. Result of the Assistance in the Lawsuit for Return of a Loan: “Winning the Case”
    • - If You Need Help with a Lawsuit for Return of a Loan?

1. The Client Who Pursued a Lawsuit for Return of a Loan

Loan return lawsuit assistance result case study

The client who proceeded with a loan return lawsuit had not been repaid the loan even after the repayment date had passed, but with the civil attorney's assistance was able to safely recover the full amount of the loan.

The Circumstances Leading to the Decision to File a Lawsuit for Return of a Loan

At the request of her cousin, who said she was in financial difficulty, the client lent 70 million won without drawing up a loan certificate.

The cousin repeatedly expressed her gratitude and promised that she would certainly repay.

However, after only partial repayment was made, the client also lent her cousin a credit card and cash.

However, as time passed, the cousin did not repay the loan and instead used the client's card to incur a large debt as well.

The client, bewildered by this, attempted to make contact several times, but the cousin did not answer the client's calls.

Ultimately, the client, who could no longer endure this, was looking into a law firm in order to proceed with a lawsuit when she entrusted the case to a civil attorney at Daeryun Law Firm, which had handled numerous loan cases.

2. Statutes Concerning a Lawsuit for Return of a Loan

We will examine the statutes that serve as the legal basis for a loan claim lawsuit.

▷ Article 598 of the Civil Act (Meaning of a loan for consumption)

A loan for consumption takes effect when one of the parties agrees to transfer to the other party the ownership of money or other fungible goods, and the other party agrees to return goods of the same kind, quality, and quantity.

▷Article 390 of the Civil Act (Nonperformance of an obligation and damages)

If an obligor fails to perform in accordance with the substance of the obligation, the obligee may claim damages.

However, this shall not apply where performance has become impossible without the obligor's intention or negligence.

What Are the Precautions Regarding a Loan Claim?

A 10-year extinctive prescription applies to a loan claim, and once 10 years have passed, it becomes legally difficult to obtain repayment.

However, if a waiver of the right arising from the completion of prescription is recognized, such as where the debtor, while aware that the prescription has been completed, requests a postponement of payment or expresses an intention to repay, the obligation to repay may still be maintained.

For this reason, it is very important to receive the assistance of an expert and respond appropriately at the earliest possible time.

The Issues in a Lawsuit for Return of a Loan

The issue in this case concerned the existence of a monetary transaction made without a loan certificate between the client and the defendant, and the obligation to repay it.

The client and the defendant were cousins, and the client lent the money on the basis of trust between family members, without drawing up a separate loan certificate.

In response, the civil attorney worked to secure objective evidence such as the KakaoTalk conversation records and the deposit and withdrawal records.

3. Areas of Assistance in the Lawsuit for Return of a Loan

Information on collecting evidence for a lawsuit for return of a loan

In order to assist the client in the lawsuit for return of a loan, the civil attorney formed a TF with attorneys who have handled numerous loan cases and established a strategy for the case.

The attorneys then collected various evidentiary materials and made the following arguments.

Civil Attorney's Argument ① Obligation to Repay

As a result of closely reviewing the KakaoTalk conversation contents and the deposit and withdrawal records between the client and the defendant, the civil attorney proved that there had actually been a monetary transaction between the two.

In addition, the attorney emphasized that, although the client had lent large sums on several occasions according to the defendant's needs, the defendant has to this day not repaid them.

Civil Attorney's Argument ② Financial Hardship

During the consultation with the client, the civil attorney confirmed the fact that the client had taken out a loan to lend money to the defendant.

The attorney emphasized that, as a result, the client incurred a loan debt of approximately 100 million won and is currently in serious financial difficulty.

4. Result of the Assistance in the Lawsuit for Return of a Loan: “Winning the Case”

Need for assistance from an attorney specializing in loan return lawsuits

As a result of assistance in the loan return lawsuit, the client was able to have the full amount claimed granted in this case.

The client repeatedly extended gratitude, saying that the loan could be recovered thanks to Daeryun, and even requested an individual rehabilitation consultation.

If You Need Help with a Lawsuit for Return of a Loan?

The above case is the account of a client who, having faced economic difficulty after being unable to recover a loan, was able to recover the full amount of the loan through the assistance of a civil attorney.

As this shows, it is very important to handle a loan matter with the assistance of an experienced professional.

Law firm Daeryun has numerous civil attorneys registered with the Korean Bar Association, so it can respond to the client's case promptly and systematically.

It also cooperates with its evidence investigation and digital forensics center to thoroughly collect materials favorable to a loan return lawsuit and, on that basis, presents an effective defense.

If you need help proceeding with a loan return lawsuit, please request a 🔗legal consultation reservation from law firm Daeryun at any time.

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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.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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