[Jeonju Loan Claim Attorney Assistance Case] A Jeonju Loan Claim Attorney Who Succeeded in Recovering a Loan of About 100 Million Won

The client who requested the assistance of a Jeonju loan claim attorney was in a romantic relationship with marriage in mind with the defendant, whom he had met through a chat app.

The defendant asked the client to repay her debts on her behalf, saying that she would gradually pay him back once they married.

As a result, the client repaid the defendant’s debts on her behalf several times without any suspicion.

This was because the defendant argued that she earned a high salary at a large company, so she was fully able to repay him.

However, once the client had repaid all of the defendant’s debts, she suddenly changed and altered her attitude toward the client.

When she drank, she used severe profanity and committed acts of violence, and the next day she would repeatedly apologize, claiming that she did not remember.

When the client then asked the defendant to take some time apart, the defendant immediately left the house and cut off contact.

The client then resolved to pursue a loan lawsuit to recover the money he had lent and requested the assistance of an attorney at the Jeonju office.

■ Explanation by the Jeonju Loan Claim Attorney

The legal basis for a loan-related lawsuit lies in the Civil Act.

Under Article 390 of the Civil Act, the defendant has an obligation to repay the loan to the client.

In addition, for the loss arising from the defendant’s failure to repay the client’s loan, the client may claim damages against the defendant.

Here, the scope of damages is based on Article 393 of the Civil Act.

■ Statutes Related to the Case

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

A loan for consumption takes effect when one party agrees to transfer to the other the ownership of money or other fungible goods, and the other party agrees to return goods of the same kind, quality, and quantity.

Civil Act, Article 390 (Default and Damages)

If an obligor does not perform in accordance with the substance of the obligation, the obligee may claim damages. This shall not apply, however, where performance has become impossible without the obligor’s intent or negligence.

Civil Act, Article 393 (Scope of Damages)

(1) Damages for default shall be limited to ordinary damages.

(2) For damages arising from special circumstances, the obligor is liable only where the obligor knew or could have known of those circumstances.

Taking advantage of the fact that they were seeing each other with marriage in mind, the defendant gained the client’s trust and then borrowed money, and she has still not returned the loan to this day.

In addition, once the client had repaid all of her debts, the defendant suddenly changed and used severe profanity and violence against the client.

Given that she has remained out of contact to this day, the loan claim attorney at the Jeonju office argued that the defendant had deliberately approached the client.

The defendant argued that she worked at a large company and had sufficient ability to repay.

However, the defendant had high expenditures due to her own excessive spending, such as drinking and buying luxury goods, and had no money saved.

On this basis, the attorney argued that, although the defendant had no intent or ability whatsoever to repay the loan, she had the client repay her debts on her behalf.

As a result of the defendant’s deceptive conduct, the client came to experience self-reproach and depression, even to the point of difficulty breathing.

He has also developed an avoidance of people, such as being unable to go outside.

On this basis, the loan claim attorney at the Jeonju office argued that the client had suffered severe emotional distress as a result of the defendant’s conduct.

In the case above, a client who wished to pursue a loan lawsuit against a former partner who had not repaid borrowed money requested the assistance of a Jeonju loan claim attorney.

If you need a loan lawsuit as described above, you may entrust your case to a Jeonju loan claim attorney at Daeryun Law Firm at any time.