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Q
I want to file a loan repayment civil lawsuit, but I lack evidence.
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An acquaintance said they urgently needed money, so I transferred 15 million won to their account. However, even after several months have passed, they have not repaid it and are also avoiding contact. At the time of the transaction, I did not write a separate promissory note, and I had contacted them only by text or messages, but even those have all been deleted. Can I proceed with a loan repayment civil lawsuit in this state? In a situation where evidence is lacking, how should I respond?
loan repayment civil lawsuit
Answer to Related Inquiry
Author: 정찬우
Even in a situation where there is no promissory note, you can file a loan repayment civil lawsuit.
However, because you must prove the fact of the loan and its amount, you need a strategy of gathering as much diverse indirect evidence as possible to respond.
First, you can secure the account transfer records to prove the loan amount, the date and time of the transfer, and so on.
In addition, if there were traces of the loan being discussed through messages, even deleted text messages or KakaoTalk conversation records can be restored to a considerable extent through digital forensics techniques.
Digital forensics refers to the technology of restoring and analyzing data remaining on digital devices, such as mobile phones and computers, and using it as evidence in legal disputes, such as civil lawsuits and criminal cases.
Additionally, if there is a written statement from an acquaintance who is aware of the circumstances of the loan, or a recording in which the other party mentioned the loaned money, submitting these together can enhance credibility.
It is also advisable to send a content-certified mail before the lawsuit.
Although a content-certified mail has no legal binding force, it can be used as important evidence in a later lawsuit, as it is a document that officially notifies the other party of the existence of the claim and the fact that repayment was requested.
The more you feel that evidence is lacking, the more advisable it is to promptly receive the assistance of a civil attorney and a digital forensics expert.
We hope that you obtain the desired result by comprehensively preparing an evidence-securing strategy suited to your situation, the drafting of the complaint for the loan repayment civil lawsuit, and even the plan of proof.
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YoungKon CHO
T. 070-7510-2014
Experience as Chief of Seoul Central District Prosecutors' Office and Chief of Daegu District Prosecutors' Office

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Experience as a Prosecutor at the Seoul Southern District Prosecutors' Office · Attorney Specializing in Sex Crimes/School Violence/Criminal Law

DongGeun LEE
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