Anyang Attorney Referral | An Anyang Loan Attorney Who Claimed the Full KRW 400 Million Loan and the Litigation Costs

The Anyang loan attorney set out to grasp the circumstances of the client's case through a thorough consultation.

The client, who lives in Anyang, did a good turn for a coworker who said he urgently needed money.

However, the coworker kept asking for money, and because the client was well aware of the coworker's usual financial situation, he lent the money without much suspicion.

They were coworkers who saw each other every day, and a loan certificate had been drawn up, so the client did not worry that he would fail to recover the money.

The coworker did not repay the money even after the repayment term had passed, and instead claimed that it had not been a loan but an investment.

Taken aback by the coworker's false claim, the client decided to file a lawsuit to recover the loan.

A 🔗loan repayment claim lawsuit is a lawsuit in which a person who has lent money seeks repayment when the borrower does not repay within the agreed term.

Money lent to another person is legally referred to as a loan.

Only by prevailing in a loan repayment claim lawsuit does one obtain a title of execution through the judgment, on the basis of which compulsory execution becomes possible.

A loan repayment claim lawsuit may be filed only if there is a legally cognizable right to claim.

That is, one must prove that there was a monetary loan agreement between the creditor and the debtor.

To prove the monetary loan agreement, evidence such as a loan certificate, a contract, a cash custody receipt, or a written undertaking is best, but if no such document exists, a bankless deposit slip, a recording transcript, exchanged certified mail notices, related criminal records, and witness testimony may be used as supporting evidence.

The Anyang attorney set out to rebut the defendant's claim that the money was an investment.

To determine whether the money the client paid to the defendant was a loan or an investment, one must consider factors such as the uncertainty of any return, whether the principal was guaranteed, the circumstances and motive of the payment, the fixed nature of the consideration on the principal, and the intent of the parties.

The Anyang attorney argued that the defendant's claim was unpersuasive because there was no investment-related contract whatsoever, no specific terms had been set for the distribution of profits from any investment, and there was no indication that any profits had been distributed.

The Anyang attorney emphasized that the defendant was merely making groundless claims without any supporting evidence in order to escape the situation.

The Anyang attorney also rebutted the defendant's claim that he had drawn up the loan certificate after being threatened with a criminal complaint by the client.

Trusting the close relationship with the defendant, the client had lent money without a loan certificate, but when the defendant kept borrowing and failed to keep even his promise to repay a portion, the client asked him to draw up a loan certificate.

In response, the defendant readily said, “Let us have dinner together after work and write up the loan certificate.”

The Anyang attorney submitted the text message containing this content as evidence.