[Loan Civil Lawsuit Favorable Judgment Case] Full Loan Amount and Litigation Costs Obtained Through a Loan Civil Lawsuit

The defendant, who had been the client's former workplace supervisor, asked the client to lend money, saying that circumstances were difficult.

The client prepared a loan certificate and lent money to the defendant.

However, the defendant asked the client to lend money periodically, saying that more money was needed.

The client subsequently lent money several times, and even though the loan exceeded tens of millions of won, the defendant repaid only the interest and did not return the principal.

Once 3 years had passed since the money was first lent, the defendant began to avoid the client's contact and stopped paying even the interest.

The client therefore came to Daeryun Law Firm and requested assistance for a loan civil lawsuit.

■ Summary of Statutes Related to a Lawsuit for the 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 ownership of money or other substitutes to the other party and the other party agrees to return items of the same kind, quality, and quantity.

▶Civil Act Article 390 (Nonperformance and Damages)

If a debtor fails to perform in accordance with the substance of the obligation, the creditor may claim damages. However, this does not apply where performance has become impossible without the debtor's intent or negligence.

▶Civil Act Article 393 (Scope of Damages)

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

(2) Damages arising from special circumstances may be claimed only where the debtor knew or could have known of those circumstances.

We argued that the defendant has an obligation to repay the client's money.

For a favorable judgment in the loan civil lawsuit, we submitted the loan certificate and the transaction records and the like to prove that there had been a monetary transaction between the client and the defendant.

We therefore argued that the defendant has a clear obligation to return the client's money.

We argued that the defendant was ignoring the client's repayment requests.

The client contacted the defendant several times to request repayment of the loan.

However, we argued that the defendant did not return the loan, much less the interest, and is currently avoiding the client's contact as well.

We argued that, due to the defendant's failure to perform the obligation to return the loan, the client is in a state where a normal life is impossible.

We argued that the client, who had financed all of the loaned money through loans, is suffering economic harm to the extent that a normal life is impossible.

The above case was one in which a client who sought to recover a loan from a defendant who intentionally avoided contact prevailed in a loan civil lawsuit.

If you have not received a loan, you may claim the return of the loan through a loan civil lawsuit.

In this situation, securing materials capable of proving that there was a monetary transaction, such as a loan certificate, is important.

For that reason, it is advisable to receive the assistance of an experienced attorney for a loan civil lawsuit.

If you need a loan civil lawsuit such as the one above, please request the assistance of Daeryun Law Firm.