Gimcheon Civil Law Specialist Attorney | Defending a Client Sued in a Claim for Return of a Loan, Resulting in “Dismissal of the Plaintiff's Claim”

2024.10.04김국일

The Gimcheon civil law specialist attorney defended a client who said he had been sued in a claim for return of a loan and sought out a civil law specialist attorney. We will introduce a case in which, through the defense by the Gimcheon civil law specialist attorney, the plaintiff's claim was dismissed.

1. Gimcheon Civil Law Specialist Attorney | The Client's Request

The client who sought out the Gimcheon civil law specialist attorney said he had been sued in a claim for return of a loan and sought out a civil law specialist attorney,

and the client requested that the plaintiff's claim be dismissed.

2. Gimcheon Civil Law Specialist Attorney | What Is a Claim for Return of a Loan

The client of the Gimcheon civil law specialist attorney said he had been sued in a claim for return of a loan,

In a claim for return of a loan, loaned money refers to money lent or borrowed under a loan-for-consumption agreement.

A claim for return of a loan refers to a lawsuit demanding the return of money lent under a loan-for-consumption agreement.

3. Gimcheon Civil Law Specialist Attorney | Confirming the Plaintiff's Arguments

The Gimcheon civil law specialist attorney first checked, from the client, the arguments of the plaintiff who had filed the claim for return of a loan.

The plaintiff asserted that he had lent the client a total of about 30 million won over roughly 20 occasions, while the client said he had repaid the plaintiff only about 2 million won.

The plaintiff had sent the client several certified written notices demanding repayment, but filed the lawsuit in this case, claiming that the client was not repaying the money.

Gimcheon Civil Law Specialist Attorney | Confirming the Client's Arguments

The client of the Gimcheon civil law specialist attorney said that he had once cohabited with the plaintiff in the same house, and that he was the owner of the house.

He said that the money the plaintiff had paid him was all for living expenses, drinking bills, and the like, and that he had not borrowed the money but the plaintiff had given it voluntarily.

However, when the client gave notice that he wanted to end the cohabitation, the plaintiff filed the lawsuit in this case, and the client said that he had never borrowed any money and asked for help so that the plaintiff's claim could be dismissed.

4. Gimcheon Civil Law Specialist Attorney | The Client's Defense

In response to the client's request, the Gimcheon civil law specialist attorney conducted the defense as follows in order to have the plaintiff's claim dismissed.

Gimcheon Civil Law Specialist Attorney | The Burden of Proving the Fact of the Loan

Supreme Court Decision 72Da221 held that

Even where there is no dispute as to the fact that money was transferred between the parties, when the plaintiff claims that the cause of his receipt of it was a loan for consumption

and the defendant disputes the cause of that transfer, the plaintiff who asserts that it was transferred by reason of a loan for consumption bears the burden of proving it.

Thus it held.

The client did not borrow money from the plaintiff; rather, the plaintiff merely paid the client living expenses, drinking bills, and the like.

If the plaintiff filed the claim for return of a loan with the aim of recovering money from the client, he bears the responsibility of proving the fact of the loan.

Gimcheon Civil Law Specialist Attorney | Extinctive Prescription

Because the money the plaintiff paid to the client was not a loan, the plaintiff would not be able to prove the fact of the loan.

Even if the plaintiff were to prove the fact of the loan, a loan claim is subject to a 10-year extinctive prescription,

and at the time the plaintiff filed the lawsuit, well over 10 years had already passed since the date on which the plaintiff last paid money to the client.

Therefore, even if the plaintiff were to prove the fact of the loan, the plaintiff's claim has been extinguished by the completion of the extinctive prescription.

5. Gimcheon civil litigation attorney | Judgment

After hearing the submissions of the Gimcheon civil litigation attorney, the court held that, in light of the relevant legal principles, the established facts and the submitted evidence alone were insufficient to find that the plaintiff had lent money to the defendant, and that there was no other evidence to establish this, and accordingly rendered a judgment dismissing the plaintiff's claim.

The client of the Gimcheon civil litigation attorney faced a claim for return of a loan through a 🔗lawsuit for the return of a loan even though the money was not borrowed by him, and was unfairly placed at risk of having to repay that sum.

It was thanks to the assistance of the Daeryun Law Firm civil litigation attorney that he was able to defend against that lawsuit.

If you, like the client in this case, are unfairly facing a lawsuit for the return of a loan, please contact 🔗Gimcheon Law Firm Daeryun and entrust your case to us.

김천민사전문변호사 | 대여금반환청구소송 당한 의뢰인 변호해 “원고 청구 기각”

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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