Incheon Loan Claim Attorney | Helped the Client Recover the Full 30 Million Won Loan

🔗A lawsuit seeking the return of a loan is a lawsuit through which a creditor recovers money lent to a debtor through civil litigation when the creditor is unable to recover it.

To proceed with a lawsuit seeking the return of a loan, it must be proven that there was a monetary transaction between the creditor and the debtor.

If a loan certificate (a monetary loan agreement) was not prepared when the money was lent, it is important to secure materials that can establish the fact that a monetary transaction took place.

A deposit slip without a passbook, a recording, and certified statements of contents exchanged between the parties may be used as supporting evidence.

If a lawsuit seeking the return of a loan is filed and the case is won, an enforcement title is obtained through the judgment, and compulsory execution can be carried out on that basis.

A point to be careful about in a lawsuit seeking the return of a loan is checking the extinctive prescription of the claim.

A loan claim is extinguished by prescription if it is not exercised for ten years.

If the extinctive prescription has passed, it becomes impossible to file a lawsuit seeking the return.

In addition, because commercial claims have a five-year period and claims for the 🔗price of goods and construction payments have a three-year prescription period, it is recommended to clearly identify the type of claim and the extinctive prescription before proceeding.

The client and the defendant are friends, and the defendant stated that he was short on the construction costs for renovating his store and asked to borrow 20 million won.

The defendant said he could repay it within two months, and the client believed the defendant and lent the amount.

A short time later, the defendant stated that additional costs had arisen and asked to borrow an additional 10 million won.

When the client hesitated at the large amount, the defendant instead reassured the client by saying, "We have known each other for years, do you not trust me? I can repay it within the deadline, so do not worry."

The Incheon attorney submitted, as evidence, the text messages containing this content and the bank account transfer records.

The defendant did not repay the debt even after the promised deadline had passed.

When the client pressed for repayment, the defendant intentionally avoided the client's contact, and matters continued in this way up to the present.

The defendant did not even answer the client's contact, yet posted photographs of overseas trips on social media.

The Incheon attorney pointed out that the defendant's attitude was very poor and argued the grounds for the claim seeking the return of the loan.