A Case of Assistance in an Outstanding Payment Lawsuit | The Full Outstanding Amount Was Granted Even Without a Loan Certificate

The client lent more than 30 million won to a romantic partner of long standing, without any written document.

At the time, because the two deeply trusted each other, no loan certificate was drawn up, and the loan was made on the basis of a verbal promise alone.

However, even as time passed, the boyfriend did not repay the money, and despite continued demands, the other party avoided contact and ultimately cut off communication.

As a result, 13 million won in unpaid money remained outstanding to date.

The client expressed deep frustration and emptiness, stating, "I did not keep any documents because he was someone I trusted, but in the end I seem to have lost both the money and the relationship."

In that desperate situation, the client came to a civil attorney with a last hope, wondering, "Can the unpaid money be recovered even without a loan certificate?"

In this case, the main issue was whether recovery of the outstanding amount through litigation was possible, given that the money had been lent without a loan certificate.

People often think that without a loan certificate, the fact of having lent money cannot be proven, but in practice, even without a loan certificate, the loaned money can be recovered through legal proceedings.

However, for this purpose, objective documentary evidence of the monetary transaction is required.

When filing a loan claim lawsuit to recover the outstanding amount, the following evidence, in addition to a loan certificate, can be used.

Key Evidence

The civil litigation attorney analyzed the account transfer records and secured materials supporting the point that the client had sequentially remitted an amount exceeding 30 million won to an account in the other party's name.

In particular, by comparing the timing of the transfers with the message records, the attorney logically explained that the purpose was a monetary loan.

The civil attorney selected and submitted messages from the conversation the client had with the other party after the remittance, which included expressions suggesting the fact of the loan and an acknowledgment of the debt, such as “Thank you” and “I will pay you back soon.”

Through this, even without a loan certificate, it was possible to prove that a monetary transaction had actually existed between the parties and that the other party was aware of the debt.

The civil attorney obtained records showing that the other party had previously repaid part of the amount in installments.

Through this, it was emphasized that the other party had also acknowledged part of the debt, and this was submitted as strong evidence increasing the likelihood that the entire outstanding amount would be recognized.

This case is one in which, despite being a lawsuit conducted without a loan certificate, the firm proved the specific evidentiary materials and the circumstances of the other party's acknowledgment of the debt from multiple angles, and obtained a full grant of the claim.

Daeryun Law Firm has many civil law attorneys and debt collection attorneys among its members.

For civil litigation involving complex issues ranging from proof of facts to review of legal principles, attorneys specializing in their respective fields collaborate and respond as a team.

In addition, depending on the nature of the case, the firm establishes a tailored strategy through collaboration with accountants, tax accountants, evidence examination experts, and others.

If you are preparing a lawsuit to recover outstanding receivables, please feel free to entrust your case at any time through a 🔗legal consultation reservation.