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Loaned money (loan claim)
Loaned money (loan claim)Winning the case (favorable judgment)

A Case of Assistance in an Outstanding Payment Lawsuit | The Full Outstanding Amount Was Granted Even Without a Loan Certificate

The client who requested a consultation regarding the outstanding-payment lawsuit came to a civil attorney seeking assistance, hoping to recover the outstanding payment through litigation in a situation where there was no loan certificate.

1. The Client Who Wished to Pursue an Outstanding Payment Lawsuit

Lawsuit for unpaid money and return of a loan: a loan certificate as key evidence



The client, who sought out a civil attorney for a lawsuit for unpaid money, was able to win the case with the assistance of the civil attorney even without a loan certificate.

How the Client Came to Seek a Civil Litigation Attorney

The client lent more than 30 million won to a romantic partner of long standing, without any written document.

At the time, because the two deeply trusted each other, no loan certificate was drawn up, and the loan was made on the basis of a verbal promise alone.

However, even as time passed, the boyfriend did not repay the money, and despite continued demands, the other party avoided contact and ultimately cut off communication.

As a result, 13 million won in unpaid money remained outstanding to date.

The client expressed deep frustration and emptiness, stating, "I did not keep any documents because he was someone I trusted, but in the end I seem to have lost both the money and the relationship."

In that desperate situation, the client came to a civil attorney with a last hope, wondering, "Can the unpaid money be recovered even without a loan certificate?"

2. The Issues and Key Evidence in the Outstanding Payment Lawsuit

An unpaid claim lawsuit is a civil lawsuit filed to recover an unpaid amount (an outstanding balance) that arises when money has been lent but the other party fails to pay it.

It is mainly filed in the following situations.

Cases in which an unpaid claim lawsuit may be necessary


▷ When money was lent but is not repaid even after the agreed deadline has passed

▷ When the payment for a transaction has not been received

▷ When only part of the amount was paid and the remainder has not been paid

Issues in the Case

In this case, the main issue was whether recovery of the outstanding amount through litigation was possible, given that the money had been lent without a loan certificate.

People often think that without a loan certificate, the fact of having lent money cannot be proven, but in practice, even without a loan certificate, the loaned money can be recovered through legal proceedings.

However, for this purpose, objective documentary evidence of the monetary transaction is required.

When filing a loan claim lawsuit to recover the outstanding amount, the following evidence, in addition to a loan certificate, can be used.

Key Evidence


∙ Bank transaction records including the date and time of the transfer, the amount, and recipient information

∙ An audio file recording a statement acknowledging the debt, such as “I will repay the money by such-and-such date”

∙ Specific conversation content regarding the transfer, the loan, and requests for repayment

∙ Materials showing the circumstances of the deposit and withdrawal transactions

∙ A written statement of an acquaintance who knows the circumstances at the time of the transfer

∙ Circumstances of partial repayment by the other party

3. Assistance Provided to Win the Outstanding Payment Lawsuit

Case study of assistance in winning a claim for return of a loan and an outstanding-debt lawsuit



In the case of the client who entrusted the outstanding-debt lawsuit, because the monetary transaction had been concluded without a promissory note, the key was to gather evidence capable of proving the following facts.


▷ The fact that money was lent

▷ The fact that the other party has not repaid it

▷ Calculation of the exact loan amount and the outstanding balance to date


Accordingly, the civil attorney designed the case and prepared for the lawsuit with the following strategy.

The Civil Litigation Attorney's Evidentiary Strategy (1): Analysis of Account Transfer Records

The civil litigation attorney analyzed the account transfer records and secured materials supporting the point that the client had sequentially remitted an amount exceeding 30 million won to an account in the other party's name.

In particular, by comparing the timing of the transfers with the message records, the attorney logically explained that the purpose was a monetary loan.

The Civil Litigation Attorney's Evidentiary Strategy (2): Securing Conversations and Messages

The civil attorney selected and submitted messages from the conversation the client had with the other party after the remittance, which included expressions suggesting the fact of the loan and an acknowledgment of the debt, such as “Thank you” and “I will pay you back soon.”

Through this, even without a loan certificate, it was possible to prove that a monetary transaction had actually existed between the parties and that the other party was aware of the debt.

The Civil Litigation Attorney's Evidentiary Strategy (3): Emphasizing Circumstances of Partial Repayment

The civil attorney obtained records showing that the other party had previously repaid part of the amount in installments.

Through this, it was emphasized that the other party had also acknowledged part of the debt, and this was submitted as strong evidence increasing the likelihood that the entire outstanding amount would be recognized.

4. Outcome of the Outstanding Payment Lawsuit: The Claim Was Granted in Full

Outstanding receivables lawsuit full grant assistance case



Owing to the civil attorney's systematic strategy of proof and thorough preparation, the court ruled in the client's favor and recognized the full amount of the outstanding receivables.

After the judgment, the client recovered the financial loss and, at the same time, was able to escape the anxiety and stress that had continued for a long time, gaining considerable psychological relief.

What Is Required to Recover Outstanding Payments

This case is one in which, despite being a lawsuit conducted without a loan certificate, the firm proved the specific evidentiary materials and the circumstances of the other party's acknowledgment of the debt from multiple angles, and obtained a full grant of the claim.

Daeryun Law Firm has many civil law attorneys and debt collection attorneys among its members.

For civil litigation involving complex issues ranging from proof of facts to review of legal principles, attorneys specializing in their respective fields collaborate and respond as a team.

In addition, depending on the nature of the case, the firm establishes a tailored strategy through collaboration with accountants, tax accountants, evidence examination experts, and others.

If you are preparing a lawsuit to recover outstanding receivables, please feel free to entrust your case at any time through a 🔗legal consultation reservation.

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  1. You can get money if you prepare according to the situation!

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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