Page title background (PC version)Page title background (mobile version)

Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

KBC Gwangju Broadcasting
2024-12-02
"건물 실질적 관리한 임대인 자녀, 대리인으로 볼 수 있어"
“The landlord’s children, who actually managed the building, can be viewed as agents.”
Tenant asks building owner's child to renew contract Building owner claims, "I was not contacted" The court said, "The child managed the building on his behalf... Judging it as a notice to the landlord, considering it as the actual manager." The court ruled that if someone else actually managed the building on behalf of the building owner, he or she can be viewed as the building owner's agent. According to the legal community on the 2nd, the Pohang Branch of the Daegu District Court ruled on October 24 that the plaintiff in a suit for delivery of the building filed by building owner A to commercial tenant B. The claim was dismissed. Mr. A and Mr. B signed a contract in May 2021 with a deposit of 20 million won, monthly rent of 1.1 million won, and management fee of 50,000 won. As the expiration date approached, Mr. A's daughter, who was managing the building, suggested to Mr. B an increase in monthly rent and management fees and a shortened contract period as conditions for renewing the contract. Mr. B expressed his refusal. Then, Mr. A's daughter was given a contract for 2 years under the same conditions as before. A text message was sent stating that he would exercise his 'right to claim contract renewal', which can be extended. However, Mr. A said that he could not accept this and filed a lawsuit for delivery of the building. According to the Commercial Lease Act, in order to exercise the right to claim contract renewal, he must notify the building owner at least one month before the expiration of the contract, but Mr. B did not comply with this. At the same time, Mr. A emphasized that he could not accept the text message that Mr. B sent to his daughter regarding the exercise of the right to claim. Accordingly, Mr. B said that Mr. A's daughter usually represents the building owner. He claimed that he did it himself. He also added that the number in Mr. A's daughter's name was written in the landlord's phone number section of the building lease agreement. He also emphasized that since the text message was sent a month before the expiration date, the contract should be considered renewed. The court ruled in Mr. B's favor. The court said, "Mr. A's daughter represented the landlord during the contract period and asked about the use of the building and whether to renew the contract." He added, "She was in charge of actual building management, such as collecting management fees and notifying of elevator inspections, and she herself had the authority of the landlord. “The only landlord number written in the contract was the number in the name of Mr. A’s daughter,” the court ruled. “Mr. B’s notification to Mr. A’s daughter a month ago can be viewed as a notification to the landlord.” He then ruled, “The contract in question has not expired due to renewal requests and is continuing.” Daeryun Law Firm (Limited), which acted as legal representative for Mr. B, said, “Even if he did not directly state his authority as an agent, he could be judged as an agent based on social convention. “If we have approved or condoned the use of a name that can be used, it can be seen as having been granted this authority,” he said. “We have also managed the entire rental contract relationship, including issuing tax invoices on behalf of the building owner, Mr. A.” He added, “Taking these circumstances into consideration, it appears that Mr. A’s daughter has been recognized as an agent.” [View full article] - "The landlord's children, who actually managed the building, can be viewed as agents" (link)
law journal
2024-11-29
[칼럼] 예측불가 인생, 우리는 최선을 다할 뿐
[Column] Life is unpredictable, we just do our best
I sit in the company conference room and look out the window. As a lawyer of 6 years, I am handling a variety of cases. Especially when I solve the problems of people in financial difficulties, I realize once again that the path I have taken has not been in vain. A few days ago, a fellow lawyer's Instagram story touched my heart. “I become an interview committee member and visit a company I would never have thought of joining before.” The irony of time contained in a single line of writing made me reflect on the depth of life. A few days later, a classmate from law school contacted me. He said that there was an opening at his company and that he would highly recommend me. That company was a company that every young person dreamed of at least once, and a few years ago, I wonder if I could have imagined such a moment. Maybe you didn't believe it. Like this, the stories about me and those around me clearly show how unpredictable life is. I graduated from Seoul Law School, prepared for the bar exam, and enlisted on active duty as a private at the age of 29. After being discharged from the military, while looking for a job at a media company, I happened to learn about the law school scholarship system through a friend. At the age of 35, I entered law school, and studied happily while receiving full tuition exemption and a living scholarship worth 1 million won per month. Also, I have competed in the Spring Literary Contest every year since entering college, but have been unsuccessful for 7 years, and finally won after my 8th attempt. The winning work was submitted as a slightly modified version of the previously rejected work, as I was preparing for the second round of the bar exam and had no time to write a new work. Paradoxically, unexpected joy came during the busiest and most difficult times. Law school was a particularly valuable time. Although I was the oldest among 41 classmates, that experience became my strength. Thanks to my background as a law major, I was able to study leisurely and engage in a variety of activities. I participated in the journal editorial committee, Christian clubs, and various study groups, and also participated in various mock trial competitions. It was a fruitful three years, completing 120 credits, much more than the 96 credits required for graduation. I can't forget the story of the two friends I studied with back then. Of the two friends who studied together with the dream of becoming a prosecutor, one passed, and the other did not pass. Years later, my friend, who became a prosecutor, knocked on the door of a law firm after retirement, but was rejected. The law firm already had a friend who had failed the prosecutor's exam. Our life is full of unpredictable moments like this. Life is like a music channel on YouTube. There are many moments when the song you want doesn't come out right away, but in the process, you sometimes discover an unexpected masterpiece. In the moments when things don't go as planned, we find a path that leads to greater happiness. It later turns out that the path we did not want at first was actually the path that suited us best. Just like the Netflix series, where the main character becomes a supporting character and the supporting character becomes the lead, unexpected developments are hidden in our lives as well. Even if you feel like a supporting role now, it can be a process that takes you to the leading role. We move according to our own timetable, and sometimes what seems like a slow pace may actually be the most appropriate timing. At this moment, numerous prospective lawyers are preparing for the bar exam at 25 law schools across the country. How many people are still holding on to the dream they had when they entered school? But let's remember: The true winner is not the one who runs ahead from the beginning, but the one who runs to the end at his own pace. The sweat you shed is never in vain. It will definitely come back, sometimes as a precious relationship, sometimes as a solid skill, and sometimes as an unexpected opportunity. Every moment now is a stepping stone that will lead you to a better future. So, be strong today too. Thinking of the moment of joy that awaits you beyond the horizon. At this moment, each line you are writing will soon become a scene from a touching drama. I sincerely hope that everyone who reads this will pass the exam and have a bright future ahead of them. [View full article] - [Column] Life is unpredictable, we just do our best (Shortcut)
6 places including Segye Ilbo
2024-11-29
법무법인 대륜, 검사 출신 박규석 변호사 영입
Daeryun Law Firm recruits former prosecutor Park Gyu-seok
Daeryun Law Firm (Limited) announced on the 29th that it will recruit Chief Attorney Park Gyu-seok, a former prosecutor, and strengthen its expertise in litigation-related work. Attorney Park graduated from Seoul National University Law School and began his career as a prosecutor at the Busan District Prosecutors' Office. Afterwards, he served as a prosecutor at the Cheongju District Prosecutors' Office and the Chungju Branch of the Seoul Southern District Prosecutors' Office. Attorney Park served as a prosecutor and developed expertise by taking on major criminal cases, including property crimes and sex crimes. After taking off his legal uniform in 2001, Attorney Park began his professional career as a lawyer starting with Yulchon Law Firm. He achieved outstanding results in various cases, including obtaining a not guilty verdict in an appeals court related to charges of violating the Telecommunications Business Act and winning a dispute lawsuit involving billions of won in bonds. In addition, he served as a mediator at the Seoul Central District Court and a national tax examiner at the Suwon Tax Office, and also served as an advisory lawyer for several companies. Attorney Park will reside at the Seongnam branch office and will oversee criminal cases and carry out actual cases. Attorney Park said, "I am happy to join Daeryun, a law firm that is showing outstanding performance in the legal field. I will provide practical and effective strategies to my clients based on the insight and case analysis skills I have accumulated while working as a prosecutor." CEO Kim Kook-il said, “Attorney Park has a very deep understanding of the law through his experience as a prosecutor, and is an expert who has particularly distinguished himself in the criminal and civil fields.” He added, “The recruitment of Attorney Park will further strengthen Daeryun’s litigation expertise.” Meanwhile, Daeryun operates specialized groups for each task, including the Criminal Investigation Group, Inheritance and Family Affairs Group, and Corporate Legal Group, adding expertise to solving cases. [View full article] Segye Ilbo - Daeryun Law Firm recruits lawyer Park Gyu-seok, a former prosecutor (go to the link) Law News - Daeryun Law Firm recruits lawyer Gyu-seok Park, a former prosecutor (go to the link) Legal Times - [Law Firm iN] Daeryun, recruits lawyer Gyu-seok Park, a former prosecutor (go to the link) Aju Economy - [Law Firm Lounge] Daeryun, recruits lawyer Gyu-seok Park, a former prosecutor... "Providing effective strategies to clients" (Shortcut) Money Today - Daeryun Law Firm (Lihan) recruits former prosecutor Gyu-seok Park (Shortcut) The Current Affairs Law - Daeryun Law Firm (Lihan) recruits former prosecutor Gyu-seok Park (Shortcut)
KBC Gwangju Broadcasting
2024-11-28
폭언 동료에 항의했다가 명예훼손 고소당한 직장인 '무혐의'
Office worker sued for defamation after protesting against abusive co-worker, 'not guilty'
A man in his 30s who was sued for defamation after protesting against a co-worker who verbally abused him was acquitted. According to the legal community on the 28th, the Mokpo Branch of the Gwangju District Prosecutors' Office decided not to indict employee A, who was accused of defamation, on the 11th. Person A was sent to the prosecution on charges of defaming fellow employee B by gossiping about him in a public place in August 2020. At the time. It was investigated that Mr. A went to Mr. B's office and said, "Call me late at night and explain why it was your fault for not being promoted." In response, Mr. B said, "I never said anything about the promotion," and claimed that Mr. A had spread false information and damaged his reputation. However, Mr. A denied the charge, saying, "Mr. B called me first and poured out abusive language, and I only complained about it." He emphasized that he requested help but did not receive it, so he went directly to the office. The Mokpo Police Station, which received the case, decided not to forward the case last July. “It is difficult to say that what Mr. A said in a public place infringes on Mr. B’s social values,” he said, adding, “This is a simple protest against the verbal abuse made by Mr. B.” However, as Mr. B disobeyed the police’s decision, the case was transferred to the prosecution in October. The prosecution reexamined the case. “We carefully reviewed the objection and investigation records, but there is no evidence to change the police’s decision not to forward the case,” he said. Attorney Ahn Jun-pyo of the Daeryun Law Firm, who represented Mr. A, explained, “In order to establish a charge of defamation, specific facts that lower social evaluations with the intention of damaging the reputation of others must be disclosed,” adding, “It is difficult to view the statements made by Mr. A in the process of protesting against Mr. B as statements that could objectively infringe on social values.” [View full article] - Office worker sued for defamation after protesting against abusive co-worker, 'acquitted' (link)
Segye Ilbo
2024-11-28
정우성 약속 했지만 양육비 안 준다면?…전문가 “이런 처벌 받는다”
Jung Woo-sung promised, but what if he doesn’t pay child support? Expert: “This is how you will be punished”
As actor Jung Woo-sung admits that the child revealed by model Moon Gabi is his own, interest in childcare responsibilities when giving birth without marriage is increasing. Although Jung Woo-sung promised to fulfill his child-rearing responsibilities, it was found that in Korean society, single parents often do not receive proper child support from the other parent. An expert who spoke with Segye Ilbo on the 28th emphasized the importance of keeping promises, saying, “If Jung Woo-sung does not pay child support, he will be punished.” Previously, model Moon Ga-bi (35) announced that she had given birth to actor Jung Woo-sung (51)'s child in March. Since then, interest in ‘unmarried childbirth’ has increased, but there are still voices calling for improvement in systems and awareness as there are still obstacles to living as a single mother in Korean society, such as economic problems and social prejudice. In an interview with MBC's 'Kim Jong-bae's Focus' on the 26th, Choi Hyun-sook, the representative of the single mothers' association 'Intree', who revealed that she gave birth without marriage in 2004, pointed out, "In the case of 'non-marital birth', the biological father is rarely responsible." He argued, “Even though the court ruled at the time of divorce, there are not many non-custodians who pay child support,” adding, “Single mothers give birth to children alone, and there is not even a ruling (specifying responsibility for child support in the event of divorce). Most men cut off contact as soon as they become pregnant, or there are many cases where they cannot contact them because they have already broken up.” According to the Act on Securing and Supporting Child Support (Child Support Implementation Act) and the Domestic Litigation Act, parents who do not directly raise minor children must faithfully pay child support determined by agreement or court ruling to parents who directly raise minor children. This bill is intended to create an environment for the growth of minor children, regardless of the parents' marital status, and child support must be paid from birth until the child reaches the age of 19. If a child support debtor who does not directly raise a child refuses to pay child support, he or she may file a lawsuit claiming child support for non-payment of child support. The family court can also issue an order to pay child support. However, despite these sanctions, the obligation to pay child support is not being met. According to the ‘Legislative Impact Analysis of the Child Support Implementation Act’ report released by the National Assembly Research Service in 2022, the child support compliance rate applied by single mothers in 2021 was found to be only 33.6%. In the case of divorced fathers and divorced mothers, they were 53.9% and 59.5%, respectively, with single mothers receiving the lowest child support rate. The overall child support compliance rate, which was 38.3% in 2021, increased significantly to 44.7% as of September this year. Nevertheless, more than half of single parents raising children are still unable to receive child support even after receiving confirmation of payment of child support. Representative Choi said, "The process to receive child support is complicated and takes a long time. Even if you go through all the procedures and find the father, there is a law (forcing child support), but in fact, if you don't pay it, it's okay," pointing out that the law has no practical effect. He added, “It is very important to force non-custodians to pay child support,” and emphasized that the most difficult part for single mothers in reality is their economic situation. Regarding non-payment of child support, lawyer Do Il-seok of Daeryun Law Firm told Segye Ilbo on this day, “Non-payment of child support is equivalent to a crime of impunity against the will,” and “If Jung Woo-sung does not pay child support, the child support deliberation committee may suspend his driver’s license, ban him from leaving the country, and reveal him on the list of defaulters.” He went on to explain, “If child support is not paid, the other woman can apply for a compliance order,” and “if the compliance order is violated, a fine may be imposed.” At the same time, he added, “In particular, if you do not comply with the implementation order, you can apply for a detention order, and if you violate the detention order, you can be imprisoned for up to one year and fined up to 10 million won,” but added, “However, since it is a crime of impunity against the will, such punishment can be avoided through agreement.” Meanwhile, starting from July next year, the 'child support payment system' is expected to be introduced, where the state pays child support to the child first in the event of default on child support obligations and recovers it from the debtor, further strengthening the child support implementation support system. The government is strengthening sanctions against child support debt by separating the Child Support Implementation Management Center, which was an internal organization of the Korea Healthy Family Promotion Agency, into a separate agency to strengthen the function of child support payment and recovery, and by simplifying the sanctions procedure for non-payers of child support from the existing three stages of 'performance order → detention order → sanctions' to allowing sanctions to be initiated immediately after the performance order. [View full article] - What if Jung Woo-sung promised, but doesn't pay child support?... Expert: “This is how you will be punished” (Shortcut)
2 places including Dalyian
2024-11-28
법무법인 대륜, 남성 육아휴직 보장으로 가족친화 문화 조성
Daeryun Law Firm creates a family-friendly culture by guaranteeing paternity leave for men
Systematization of welfare systems such as spouse maternity leave... Overcoming practices within the industry All executives and employees, including male lawyers, freely use the welfare system Daeryun Kim Kuk-il, CEO, “We plan to improve the system to ensure satisfaction of executives and employees” Daeryun Law Firm (Limited) attorney Tae-hwan Kim started last summer with ‘child care’ and ended with ‘child care.’ Leaving behind the hectic daily commute to work, Attorney Kim personally prepared breakfast for his children every day. Bathing, walking, and reading books were also his duties. It was thanks to ‘childcare leave’ that such close care for children was possible. Attorney Kim said, “Previously, I only had time to take care of my children on weekends, but by taking leave, I was able to fully focus on raising children.” Attorney Daeryun Choi Ji-hoon, who went on maternity leave for her spouse three months ago, recalled the time when she first applied for leave. Due to the nature of my job as a lawyer, it was difficult to imagine being away from work for a week, so I was worried. Attorney Choi said, “It wasn’t actually easy to say that I was going to go on maternity leave when I wasn’t even giving birth myself.” However, the company's response was positive enough to make these concerns seem meaningless. He expressed his emotions, saying, “With a lot of help, I was able to be with my wife at the most important moment in my life, giving birth.” Due to the somewhat conservative nature of the law firm industry, related welfare systems such as parental leave and spousal maternity leave are still often a mere pie in the sky for male lawyers. In fact, according to the 'Survey on the Recruitment, Work and Work-Family Balance of Lawyers' conducted by the Korean Bar Association last year, the proportion of male lawyers who were unable to use maternity leave when their spouse gave birth reached 30%. The period of use was also found to be short. As a result of a survey of male lawyers who used their spouse's maternity leave, the following order was found: 5 days or more (34.2%), 3 days (21.9%), 1 day (5.8%), and 4 days (1.9%). Although the spousal maternity leave guaranteed by the Act on Equal Employment Opportunity for Men and Women and Support for Work-Family Balance is 10 days, the industry consensus is that it is difficult to use in practice. Unlike this industry atmosphere, Daeryun is actively operating a child care welfare system. Male lawyers who benefited from related policies agreed that they were able to focus on their families and childcare thanks to the corporation's family-friendly culture. Attorney Kim Tae-hwan, who returned to work after completing parental leave, emphasized, "At the company level, men are actively encouraged to use the system, and my colleagues around me also took this for granted and were considerate, so I was able to take care of my children with peace of mind." In addition, Daeryun also solved the financial problem that was the biggest obstacle to deciding to take parental leave. We are leading the way in operating ‘work from home during childcare’ for employees who are concerned about a decrease in income due to leave. A sustainable working environment has been created to help catch the two birds with one stone, 'childcare' and 'work'. In this way, Daeryun, which is making various efforts to balance work and family, has established itself as a law firm that fulfills its social responsibilities. CEO Kook-il Kim said, "We plan to supplement the system to ensure the satisfaction of all employees through continuous monitoring of related welfare systems such as childcare leave." Meanwhile, Daeryun has various family-friendly policies in addition to childcare leave. It is being implemented. Typically, it supports △leave due to miscarriage △shortened work hours during childcare period △and provision of work adaptation programs after returning to work. [View full article] Daily An - Daeryun Law Firm, creating a family-friendly culture by guaranteeing paternity leave for men (Shortcut)Law News - Daeryun Law Firm, creating a family-friendly culture by guaranteeing paternity leave for men (Shortcut)
Money S
2024-11-27
"별거중인데 연락한다"며 남편 스토킹 신고한 아내… 법원 판결은
A wife who reported her husband's stalking, saying, "I'm contacting you even though we're separated." The court ruling is
Contact information required during the process of dissolving a marriage... 'Not guilty' claim, court says, "It's not continuous or repetitive, so it's not enough to cause fear." A man in his 30s who was accused of stalking his estranged wife was cleared of the charges after a legal battle. This is because contact for discussion was necessary during the divorce process, and the contact did not appear to meet the elements of stalking crime, such as continuity, repetition, and urgency. On the 31st of last month, Gwangju District Court Chief Judge Kim So-yeon declared Mr. A (32) not guilty on charges of violating the Stalking Punishment Act. Mr. A is accused of stalking his estranged wife, Ms. B (31), by sending her dozens of text messages asking her to meet him. Mr. A and Mr. B had been separated since November of last year. At the beginning of the separation, Mr. B requested that Mr. A not make any unnecessary contact other than divorce matters. Mr. A ignored this and continued to contact him to ask about his well-being, including his daily life. After hearing from an acquaintance that Mr. B had another man, he went to her home and office. According to the Stalking Punishment Act, if you continue or repeat acts such as approaching or contacting the other person against the will of the other person without a justifiable reason, you can be punished by imprisonment for up to 3 years or a fine of up to 30 million won. At the trial, Mr. A's legal representative said that there were matters to be legally settled between Mr. A and Mr. B, such as changing the names of various utility bills following the dissolution of the marriage relationship. It was argued that there was a legitimate reason for the contact. The legal representative emphasized that it is difficult to say that Mr. A's actions caused anxiety or fear from the perspective of the general public. At the same time, the judgment of stalking was based on the Supreme Court ruling that comprehensive consideration should be given to ▲ the content of the text ▲ the method and meaning of expression ▲ the relationship between the parties ▲ the circumstances and number of times the text was sent ▲ the circumstances before and after it ▲ the situation the other party is in. The court also ruled that Mr. A's actions cannot be considered stalking. Chief Judge Kim said, "The defendant and the victim have not legally dissolved their marital relationship. “It seems that a consultation process on various issues was clearly necessary in this situation,” he said. “It is acknowledged that the defendant contacted the victim several times in relation to the issue of the opposite sex, but considering the content and number of transmissions, it is difficult to conclude that he continuously and repeatedly created anxiety and caused fear in the victim.” Attorney Dae-ryun of Naeunjung Law Firm (Limited), who represented Mr. A, said, “In this case, the other party needed to consider the special nature of being a married couple in relation to legal issues such as divorce. “Text messages, etc. were allowed, and the conversation just continued in the process,” he said. “The contact was also just a one-time or discontinuous act, and there was no intention at all, and we were able to successfully obtain an acquittal by proving that it did not meet the requirements of a stalking crime, such as continuity, repetition, and urgency.” [View full article] - Wife reported stalking her husband, saying, "He's contacting me even though we're separated"... The court ruling is (link)
Money Today
2024-11-26
'구속수사 원칙' 딥페이크 범죄…억울하게 연루됐다면?
‘Principle of arrest and investigation’ deepfake crime… What if you were wrongfully implicated?
-Legal Column by Park Ji-young, Daeryun Criminal Lawyer, Law Firm (Limited) With the advancement of digital technology, it has become possible to precisely embody real people in videos or images. Abusing this point is the deepfake (false video) crime. Deepfake is a compound word of deep learning and fake, and refers to a technology that synthesizes photos and videos using AI (artificial intelligence). For example, the method of creating composite images of famous people is to defame the victims and invade their privacy. The reason deepfake has recently emerged as a serious social problem is because this technology is being used to produce pornography. The level of damage is very serious as the faces of others are composited and distributed in pornography or sexually exploitative material that causes sexual shame. In fact, the number of deepfake sex crime cases reported to the National Police Agency has increased more than six-fold, from 156 in 2021 to 964 as of October this year. In addition, the number of victims supported by the Digital Sex Crime Support Center also increased by about seven-fold from 176 to 1,201 during the same period. The bigger problem is that in the case of deepfake crimes, once they begin, the damage spreads rapidly and uncontrollably. In particular, since most videos are shared through messengers based on overseas servers such as Telegram, it is not easy to detect those who spread them. In addition, as videos are reproduced through various channels, it is often difficult to completely delete them. As the controversy surrounding deepfakes grows, the government's efforts to eradicate digital sex crimes have also become busy. Recently, the government announced a plan to make it a principle to arrest and investigate suspects of deepfake sex crimes, and to confiscate and collect all property and profits obtained from the crime. In particular, the Sexual Violence Punishment Act has been revised to allow for disguised investigations even when the victim is an adult, improving the fact that false investigations were only possible when the victim was a child or adolescent. The level of punishment has also been strengthened. The legal penalty for those who edit and distribute deepfake videos has been increased from 5 years to 7 years in prison. In addition, the phrase ‘for the purpose of distributing, etc.’ was deleted from the criminal requirements, making punishment possible even if the intention to disseminate is not clearly proven. Last September, the Ministry of Justice also revised the law to allow punishment for possession, purchase, storage, and viewing of deepfake sex crimes. Minors are no exception to the punishment of deepfake crimes. In fact, a teenager was arrested for selling false videos last September, and it was discovered that the high school student composited the faces of acquaintances, such as classmates and teachers, into nude photos and sold them to make pocket money. As legal punishment is becoming more stringent, if you are involved in a related crime, it is necessary to get help from a professional attorney as soon as possible rather than taking individual action such as arbitrarily deleting the video or erasing the viewing history. [View full article] - ‘Principle of arrest and investigation’ deepfake crime… What if you were wrongfully implicated? (Shortcut)
lowrider
2024-11-26
‘투자금으로 줬는데, 빌려간 돈 반환하라’···법원 “대여사실 원고가 입증해야”
‘I gave it to you as an investment, but please return the money you borrowed.’ Court says, “Plaintiff must prove the fact of the loan.”
Plaintiff claimed, “The 40 million won transferred was a loan, and the money received in return was interest.” Judge Kim Young-soo of the Seoul Central District Court said, “There is no proof such as an IOU, and the irregular and irregular payment is profits.” It was ruled that the amount remitted from an acquaintance cannot be considered a loan if there is no document proving the fact of the loan, such as an IOU, and the nature of the investment exists. Judge Kim Young-soo of the Seoul Central District Court, Civil Division 71, said that A in his 60s filed a case against his acquaintance B. In the loan claim lawsuit filed, a ruling was made on October 17 to dismiss the plaintiff's claim. In September 2023, Mr. A received an investment proposal from Mr. B, whom he had always known. Mr. B persuaded Mr. A that his acquaintance, Mr. C, had a good investment case. Mr. A, who accepted the offer, transferred 40 million won to Mr. B, and on the same day, Mr. B re-delivered the amount to Mr. C. Afterwards, Mr. A received approximately 1.5 million won on three occasions from Mr. C. The problem began to arise when Mr. C did not pay the money due to worsening profitability. Accordingly, Mr. A filed a loan claim lawsuit against Mr. B, claiming that 40 million won was lent to Mr. B, who was said to be investing, and that Mr. B had an obligation to repay it. During this trial, Mr. A emphasized that he had sent the amount directly to Mr. B's account, and argued that the 1.5 million won handed over by Mr. C was merely a portion of the investment proceeds received as loan interest. However, Mr. B's position was different. Mr. B refuted that the 40 million won should be viewed as an ‘investment’ rather than a loan. He argued that there were no documents to prove the fact of the loan, such as an IOU, and that the 1.5 million won was money received in exchange for investment profits, not loan interest. Judge Kim Young-soo of the Seoul Central District Court, who heard this case, ruled against the plaintiff and ruled in favor of Mr. B. Judge Kim Young-soo said the reason for the ruling was that “no documents such as an IOU were prepared to confirm the existence of a return of principal or an interest agreement, and that the plaintiff did not know the details of the agreement regarding the interest rate or amount of interest.” He pointed out that “the defendant did not make a specific claim and that the defendant immediately transferred the entire amount to Mr. C after receiving the plaintiff’s money.” Judge Kim Young-soo continued, “The plaintiff also received 1.5 million won from Mr. C,” and ruled, “Considering that the amount received was not constant and the timing of receipt was not regular, it is difficult to regard it as interest.” Bae Jun-mo, an attorney at Daeryun Law Firm (Limited) who represented defendant B in this lawsuit, said, “He borrowed the money.” In order to make a claim, you must also prove that fact. Mr. A initially claimed that there was no set date for the return of the principal, but then changed his statement to say that he would receive it back along with the profits a year later,” he explained. “Taking all of these facts together, it appears that the court did not determine it to be a loan.” [View full article] - ‘I gave it as investment money, but return the borrowed money’... Court says, “Plaintiff must prove the fact of the loan” (Shortcut)
6 places including Ulsan Newspaper
2024-11-26
울주군의회-법무법인 대륜, 법률서비스 지원 MOU
Ulju County Council - Daeryun Law Firm, legal service support MOU
On the 25th, Ulsan Ulju County Council signed a business agreement with Daeryun Law Firm for legal service support at the Chairman's Office. The agreement ceremony was held with the attendance of all members of the Ulju County Council, including Chairman Choi Gil-young, Kim Nak-hyeong, head of Daeryun Law Firm, and Hwang Gyu-hwa, head of the Ulsan branch. In accordance with this agreement, Daeryun Law Firm decided to provide advice on various legal issues encountered in the process of carrying out legislative activities until June 30, 2026, when the term of the 8th Ulju County Council ends. Director Kim Nak-hyeong said, “We will help the Ulju County Council promote more efficient legislative activities by providing advice across all business areas through related experts such as accountants and tax accountants in addition to our own lawyers.” Chairman Choi Gil-young continued, "Law is the basic framework for all social activities and an important element that guarantees the legality and fairness of policies. We expect that we will be able to carry out more professional legislative activities through this agreement." [View full article] Ulsan Newspaper - Ulju County Council and Daeryun Law Firm, MOU for legal service support (Shortcut) Ulsan Jeilbo - Ulju County Council and Daeryun Law Firm join forces for legal service support (Shortcut) Metro Newspaper - Ulju County Council and Daeryun Law Firm sign an MOU for legal service support (Shortcut) Ulsan Economy - Ulju County Council, Daeryun Law Firm and ‘Legal Service’ ‘Support’ MOU (go to) Ulsan General Daily - Ulsan Ulju County Council signs a legal service business agreement with Daeryun Law Firm (go to the link) Yonhap News - Ulju County Council and Daeryun Law Firm sign a business agreement to support legal services (go to the link)
Have more questions?
Quick Menu

KakaoTalk