[Ansan Civil Attorney Assistance] Full Recovery of a Loan of Over 100 Million Won Through the Assistance of the Ansan Civil Attorney

This is the story that the Ansan civil attorney heard directly from the client in consultation.

When an acquaintance with whom the client was usually on close terms said he needed money, the client set a repayment date and lent it to him.

The acquaintance promised repayment and asked for an additional loan, and the client lent the acquaintance a total of more than 100 million won.

However, even after the repayment date passed, the acquaintance did not repay the loan.

Angered by this, the client came to obtain the assistance of the Ansan civil attorney for a claim for return of the loan.

■ Statutes Relevant to the Loan as Explained by the Ansan Civil Attorney

▶Civil Act Article 598 (Definition of Loan for Consumption)

A loan for consumption becomes effective when one party agrees to transfer to the other the ownership of money or other substitutable things, and the other party agrees to return things of the same kind, quality, and quantity.

▶Civil Act Article 390 (Non-performance of Obligation and Damages)

Where an obligor fails to perform in accordance with the tenor 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.

▶Civil Act Article 393 (Scope of Damages)

(1) Damages for non-performance of an obligation shall be limited to ordinary damages.

(2) The obligor shall be liable for damages arising from special circumstances only where the obligor knew or could have known of those circumstances.

The Ansan civil attorney argued that the client had contacted the defendant on several occasions to request repayment of the loan.

The attorney emphasized that the defendant had not returned the principal of the loan, let alone the interest, and was avoiding the client's contacts.

An obligor must perform the obligation to repay the money received from the obligee within the repayment period.

The defendant repeatedly told the client that he would make repayment, but did not repay the loan, and the client prepared a confirmation of payment together with the defendant.

The Ansan civil attorney therefore argued that the defendant had an obligation to return the money to the client.

The Ansan civil attorney argued that the repayment period the client had agreed upon with the defendant had already passed.

Because the defendant had broken the repayment period on several occasions, the client designated a monthly installment amount.

The attorney emphasized that the defendant nonetheless was not performing the obligation to repay the loan.

The client who visited Daeryun Law Firm had been troubled by the inability to recover a loan from an acquaintance.

The Ansan civil attorney provided every possible assistance for the full recovery of the client's loan.

As a result, the client was able to recover the full loan.

At Daeryun Law Firm, specialist attorneys draw on extensive experience in prevailing and on specialized knowledge to determine concrete approaches and provide assistance through thorough consultation with the client.

If you are troubled by a case similar to that of the client above, you may turn to Daeryun Law Firm's Ansan civil attorney.