Mokpo Legal Consultation Assistance | Success in the Full Return of a Loan With the Assistance of a Mokpo Loan Claim Attorney

The client, who had a Mokpo legal consultation, had not been repaid a loan by the defendant, a colleague at the same company.

The defendant borrowed money from the client, saying ‘I need money because of a business loss,’ and thereafter borrowed money several more times.

However, even though the defendant had drawn up a loan certificate, the defendant did not repay the client.

The client therefore decided to bring a claim for the return of the loan against the defendant and came to a Mokpo loan claim attorney.

■ Statutes Relevant to the Case Examined Through Mokpo Legal Consultation

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

A loan for consumption becomes effective when one of the parties agrees to transfer to the other party the ownership of money or other substitutes, 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 fails to perform in accordance with the tenor of the obligation, the obligee may claim damages. However, this does not apply where performance has become impossible without the intention or negligence of the obligor.

▶Civil Act Article 393 (Scope of Damages)

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

(2) Damages arising from special circumstances are recoverable only where the obligor knew or could have known of such circumstances.

A debtor has an obligation to repay money received from a creditor.

Although the defendant repeatedly stated to the client that the loan would be repaid, the defendant did not repay it.

Accordingly, it was emphasized that the defendant had an obligation to return the money to the client.

The client contacted the defendant several times to demand the return of the loan.

It was argued that the client had continuously requested that the defendant repay the loan.

When the defendant failed to repay the client's loan on time, the defendant prepared a loan certificate.

However, it was argued that the defendant did not abide by the terms set out in the loan certificate.

The client who came for a Mokpo legal consultation needed a claim for return of the loan in order to recover the loaned money.

As a result of the litigation, the client prevailed in the claim for return of the loan and was able to recover the full amount of the loan.

At Daeryun Law Firm, attorneys with specialized knowledge of loan claim litigation assist clients.

If you are facing a concern similar to that of the client, you are welcome to arrange a Mokpo legal consultation with Daeryun Law Firm at any time.