[Claim for Return of a Loan Favorable Judgment Case] Client in a Claim for Return of a Loan Assisted, and the Entire Claimed Amount of 350 Million Won Was Granted

This is the course of events that Daeryun received from the client.

The client wished to pursue a claim for return of a loan against the defendant, who to this day does not even answer the client's calls, and accordingly requested assistance from Daeryun in this regard.

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Claim for Return of a Loan

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

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

▣ Civil Act Article 390 (Nonperformance and Damages)

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

▣ Civil Act Article 393 (Scope of Damages)

(1) Damages for nonperformance are limited to ordinary damages.

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

Daeryun argued that, from the time of this matter, the defendant had no ability to obtain substantial profit from coin investment or business,

and emphasized that even if the defendant had obtained profit through investment, the defendant had no intent to repay the loan obligation together with the accrued interest to the client.

In addition, Daeryun argued that the loan obtained from the client was not used for the business down payment the defendant had mentioned, and that it was presumed to have been used for purely personal purposes, such as living expenses or the repayment of debts.

A claim for return of a loan is a lawsuit brought through trial where the creditor has demanded return from the debtor but repayment of the loan has not been made.

A point to note in this regard is that a claim for return of a loan is also subject to an extinctive prescription period.

Once the extinctive prescription period has passed, there is no longer any need to repay the money, so it is important to receive the assistance of an attorney specializing in this area and to proceed with the legal process without delay.

At Daeryun LLC, attorneys with experience handling related cases form a team and actively assist clients.

Accordingly, if a loan-related issue such as the one above has arisen, please consult Daeryun, where prompt and systematic legal assistance is available.