Jeju Civil Attorney Assistance Case | Winning a Debt Non-Existence Confirmation Suit Against a Card Company

The client currently runs a distribution business alone. The client explained that, previously, they had run the business jointly with an acquaintance.

The client later learned that, during the period of the joint business, the business partner had secretly misappropriated the client's identity to obtain a credit card and had used roughly 20 million won.

The card company had issued the card based solely on documents such as an identification card, without carefully verifying that the applicant was the actual titleholder.

Having learned of this only later, the client explained that they were now facing repayment of about 20 million won in card debt.

For this reason, the client consulted a Jeju civil attorney to resolve the matter through litigation.

A suit for confirmation of non-existence of debt is a civil action that may be filed when a creditor continues to demand performance of an obligation even though no debtor-creditor relationship exists.

In other words, proving by legal reasoning that a nonexistent debt does not exist is the key factor in determining the judgment in a suit for confirmation of non-existence of debt.

To that end, it is recommended to submit, as evidence, materials capable of proving grounds for cancellation or invalidity of the debt, or, where the debt has already been repaid, the fact of repayment.

If appropriate evidence is not submitted, one may face having to repay a nonexistent debt, so caution is needed.

For the collection of such evidence and for legal judgment, consulting an attorney with extensive experience in related matters can be helpful above all.

🔗If you would like to know more about debt non-existence suits

The client explained that they had not been aware for a single moment of the process by which the card was actually issued and used, and that the client had not even received any contact on the client's own mobile phone.

The attorney argued that the card company had neglected the titleholder verification required when issuing a credit card, and that the client therefore bore no responsibility for the debt.

The former business partner who had misappropriated the client's identity had now admitted to the identity theft and had been referred to the prosecutors' office on that charge and was under investigation.

The attorney argued that, because the identity theft offense had been confirmed, the debt arising from the misappropriated identity was naturally invalid as well.

This was the account of a client who nearly bore a debt of close to 20 million won because a credit card had been issued under the client's name without the client's knowledge.

As in this case, when one must prove the matter regarding a nonexistent debt, it is important to respond appropriately so that the situation does not lead to unfairly having to repay the debt.

However, confirmation of non-existence of debt requires many documents and materials, and these must be used as strategic evidence, so it can be helpful to receive the assistance of a civil attorney with legal expertise.

Daeryun Law Firm has attorneys who draw on extensive civil litigation experience to respond in a manner tailored to each client's case.

If you need legal advice, you may at any time receive a consultation through a 🔗legal consultation reservation.