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Claim for return of a loan
Claim for return of a loanFavorable judgment

Civil Litigation Consultation | Civil Attorney, Full Grant of 70 Million Won Through a Claim for Return of a Loan

The client who requested a civil litigation consultation wished to proceed with a claim for return of a loan.

Through the loan litigation, the civil attorney obtained the full return of the 70 million won loan.

1. Civil Litigation Consultation, the Client Who Requested a Claim for Return of a Loan

The client who came to the civil attorney for a civil litigation consultation asked about a claim for return of a loan.

The civil attorney first ascertained the background of the case.

Civil Litigation Consultation, Background of the Case

Civil Litigation Consultation, the Client Who Requested a Claim for Return of a Loan

The client who requested a civil litigation consultation became acquainted with A (hereinafter the defendant) through an introduction by a coworker.

The defendant introduced himself as a sole proprietor operating a designated-driver service company and requested to borrow money from the client, stating that he needed funds to expand the business.

In this process, the defendant promised to pay 3% interest each month, and the client, trusting this, remitted a total of 70 million won over three occasions.

For the first few months, the defendant paid the client interest equivalent to 3% of the loan, but soon began to fail to repay the loan and interest, saying, "Please wait just a little longer."

In addition, even though the defendant had stopped operating his business, he did not inform the client of this and eventually went so far as to avoid contact.

Accordingly, the client requested a civil litigation consultation in order to hold the defendant legally responsible for his conduct and to recover the loan.

Assistance of the Civil Attorney Through the Civil Litigation Consultation

1) Organizing the Loan Relationship and Whether a Contract Was Formed

To prove that the nature of the funds the client remitted to the defendant was a "loan," the civil attorney compiled the remittance records, the fact of interest payments, and the messages exchanged at the time.

Through this, the attorney provided assistance so that it could be clearly asserted that a loan-for-consumption contract had been formed.

2) Reviewing the Legal Responsibility for the Interest Agreement and the Non-Performance of Repayment

The civil attorney focused on the fact that the agreement to pay 3% interest each month had actually been performed, and emphasized that the defendant was aware of the fact of the loan.

In particular, citing the circumstance that the defendant had stopped the business without informing the client, the attorney made clear that the defendant bore responsibility for repayment, centering on the point that liability for non-performance of obligation under Article 390 of the Civil Act is established.

3) Assistance With Debt Recovery, Prioritizing the Preservation of Assets

Considering that the defendant was not making repayment while having stopped operating the business, the attorney responded in the direction of first securing the assets together with the litigation.

reviewed the defendant's accounts and asset relationships in his name and examined the possibility of a provisional attachment, and assisted with the case so that it could lead directly to execution after the judgment.

Result of the Assistance Through the Civil Litigation Consultation, Full Grant of 70 Million Won

With the assistance of the civil attorney through the civil litigation consultation, the client was able to respond to the case systematically.

As a result, the court recognized the following points.

1. That a loan-for-consumption contract had been formed between the client and the defendant

2. That the defendant failed to make repayment without justifiable cause

Accordingly, the court rendered a judgment ordering the defendant to return the entire loan of 70 million won to the client.

2. Civil Litigation Consultation, the Concept and Procedure of a Claim for Return of a Loan

A claim for return of a loan is a lawsuit filed in order to legally recover money when a creditor has lent money to a debtor but has not received repayment by the agreed deadline.

Procedure of a Claim for Return of a Loan

Sending a Certified Content Letter → Application for Provisional Attachment → Payment Order or Civil Litigation → Compulsory Execution


The creditor first demands repayment through a certified content letter and leaves it as evidence.

Thereafter, if there is a concern that the debtor may conceal assets, the creditor blocks any disposition through a provisional attachment, and if the debtor contests the matter, the creditor secures an enforcement title through civil litigation.

Once the judgment or payment order becomes final, the money can be recovered through compulsory execution against deposits, real estate, and the like.

3. Civil Litigation Consultation, the Issues in a Claim for Return of a Loan

In a claim for return of a loan, if judgments diverge during the preparation process, the result can vary greatly.

If evidence is insufficient or a procedure is missed, considerable difficulty may follow before the money is actually recovered, so it is necessary to accurately identify the points to be mindful of before the litigation.

Points to Be Mindful of in a Claim for Return of a Loan

1) Proving the Fact of the Loan and the Repayment Deadline

The court attaches importance to the fact that money was actually lent and by when it was to be repaid.

If there is no loan certificate, the loan relationship must be supplemented with evidence such as text messages, SNS conversations, and recordings of phone calls.

2) Management of the Extinctive Prescription

A monetary claim may lose its rights after a certain period passes.

measures to interrupt the prescription, such as sending a certified content letter or filing a lawsuit, before the prescription is completed.

3) Whether the Debtor's Assets Can Be Secured

Even if a judgment is obtained, it is difficult to recover the money if the debtor has no assets.

Therefore, it is necessary to check the asset status before and after the litigation and, if necessary, to also consider preservative measures such as a provisional attachment.

Reasons Why a Civil Litigation Consultation Is Necessary

▶ Organizing Evidence Suited to the Case and Setting the Direction of Proof

▶ Establishing a Litigation Strategy That Takes the Extinctive Prescription and Procedures Into Account

▶ Preparing a Response Plan That Keeps Recovery After the Judgment in Mind


Reviewing a case through a civil litigation consultation makes it possible to respond with the overall flow in mind.

how to prove the loan relationship, what evidence is lacking, and whether the extinctive prescription is imminent, among other factors.

In addition, depending on the difficulty and scale of the case, a task force of one to twenty members, including a civil attorney, can be formed to respond in stages, from organizing evidence and drafting documents to taking measures for the preservation of assets.

For a claim for return of a loan, it is important to set the direction well from the initial stage.

If you need a civil litigation consultation, please first check the response method suited to your current situation through the 🔗Legal Consultation Reservation.

민사소송상담 | 민사변호사, 대여금반환청구소송으로 7천만 원 전액 인용

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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