Deals & Cases
Case assisted by a civil specialist attorney | Defendant in a claim for return of a loan, fully defended
This is the case of a client who, with the assistance of a civil specialist attorney, was able to clearly distinguish the monetary dispute that arose within a common-law marriage relationship and to have the plaintiff's unreasonable claim dismissed.
1. The client who came to a civil specialist attorney
The client who came to a civil specialist attorney was the defendant in a claim for return of a loan brought by a common-law spouse.
In the course of cohabiting in a common-law marriage relationship with the plaintiff in the past, acquiring a home, and sharing living expenses, it was true that the plaintiff had executed some of the loans, but these were funds for their shared life.
Nevertheless, after the common-law marriage relationship broke down, the plaintiff claimed that this was a loan and demanded approximately 32 million won from the client.
Accordingly, the client came to a civil specialist attorney to clear up the injustice.

Lawsuit for the Return of a Loan
A lawsuit for the return of a loan is a legal procedure in which a person who has lent money to another and has not been repaid within the agreed repayment period demands the return of the money from the borrower.
As a civil claim, a loan is generally subject to a ten-year extinctive prescription (Article 162 of the Civil Act), and if the right is not exercised within that period, the claim is extinguished.
In such cases, the following types of evidence are primarily used to prove the existence of the loan.
Key Supporting Evidence
▶ Records of account transfers
▶ Messages, KakaoTalk chats, and conversation records between the debtor and the creditor concerning the loan
▶ Content-certified mail demanding repayment
Issues in the Case
The crux of a lawsuit for the return of a loan is whether an actual loan for consumption contract existed.
The mere fact that money was paid cannot, by itself, conclusively establish a 'loan,' and the intent to borrow and an agreement to repay must be proven to have existed.
In particular, money provided within a cohabitation or common-law (de facto) marriage relationship is generally likely to be interpreted as a contribution toward shared living expenses or housing funds, so in many cases it is difficult to have it recognized as a loan.
Therefore, for the plaintiff to claim a 'loan,' clear evidence such as a specific contract, a loan certificate, and a promise of repayment is required.
The civil specialist attorney focused on this point and identified the following key issues.
▷ Whether the repayment obligation unilaterally asserted by the plaintiff after the dissolution of the common-law marriage could have a legal basis
▷ Whether the KakaoTalk messages and remittance records could function as evidence of a loan contract
2. Strategic Assistance Provided by the Civil Specialist Attorney

The civil specialist attorney closely reviewed the relationship between the plaintiff and the defendant, the context of their conversations, and the use of the funds.
In particular, emphasizing that the amount in question was for the maintenance of the common-law marriage relationship and for shared living, the attorney provided assistance as follows.
Emphasizing the Distinctive Nature of the Common-Law Marriage Relationship
The civil specialist attorney first emphasized that the plaintiff and the defendant were in a common-law (de facto) marriage relationship, and highlighted that the financial transactions that occurred were not a simple loan but rather had the strong character of a contribution of expenses for shared living.
In other words, on the basis of the trend in case law that monetary expenditures for the purpose of housing funds or sharing living expenses are difficult to regard as a loan contract, the attorney legally rebutted the plaintiff's claim.
Legal Interpretation of the Evidence
The civil specialist attorney analyzed, one by one, the remittance records, the proof of home-appliance purchases, and the KakaoTalk conversations submitted by the plaintiff.
In that process, the attorney pointed out that no expressions premised on a loan or any promise of repayment existed, and instead organized the materials so that the context of a reasonable sharing of shared living costs would become apparent.
Through this, the attorney guided the court to clearly understand the nature of the use of the funds.
Establishing the Litigation Strategy and Defense Argument
It was also necessary to prepare a strategy for the possibility that the court might examine whether a portion of the amount constituted a loan.
Accordingly, the civil specialist attorney constructed a defense argument that the claim was difficult to establish legally, given the absence of any agreement on a repayment date or a loan certificate.
3. Result of the Civil Specialist Attorney's Assistance, Dismissal of the Plaintiff's Claim

Thanks to the civil specialist attorney's meticulous assistance, the court dismissed the plaintiff's claim in its entirety.
As a result, the client was able to escape an unnecessary financial burden and resolve the injustice felt, and was once again able to confirm that financial disputes arising within a common-law marriage relationship cannot simply be conclusively treated as a loan matter.
How to Respond to a Civil Lawsuit for a Loan
This case is one in which it was possible to logically rebut the plaintiff's claims by comprehensively reviewing the nature of the actual financial transactions, the existence of the intent to borrow and a repayment agreement, and the distinctive features of the relationship.
Through its dedicated consultation attorney system, Daeryun Law Firm precisely analyzes a case from the earliest stage and assigns a dedicated attorney for each matter to establish a tailored response strategy.
If you are in a situation where financial or credit-related harm is a concern due to a civil lawsuit for a loan, please 🔗schedule a legal consultation and entrust your case to us.
Check out video content
related to this case as well.
Can I be sued for fraud if I don't receive the money I lent for 'for the first time in my life'?

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.
Loaned money (loan claim): Want a faster, more detailed consultation?
Consult aspecialized attorney
Related Information
Explore legal information related to this case.
Villa Rental Fraud: Procedures for Recovering the Deposit and Legal Responses When Harm Occurs
Sale of Non-Performing Loans: Disposal Procedures of Financial Institutions and Legal Points for Review
Attachment Procedures and Response Methods Under the Enforcement Decree of the Civil Execution Act
Daeryun's Key Strengths

Litigation strategy using Daeryun's own AI & IT technology
More than 240 key members
1,200+ cases handled per month
* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)
more strengths
Book a legal
consultation with an attorney
All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.
Phone consultation
1800-7905
Available 24 hours a day, 365 days a year


Online consultation
We provide tailored
legal services for our clients.

Chat consultation
KakaoTalk channel
Daeryun Law LLC Attorneys
Related Members
View moreKey Case Studies
View moreRelated Practice Areas
View moreConsult in other languages
Popular Columns
View moreAssessing the Requirements for Filing a Claim for Damages and Methods of Preparing Evidence

On What Standards Is Compensation for Emotional Distress Determined? Examining the Calculation of Amounts and How to Claim

A Step-by-Step Guide to Civil Trial Procedure and Estimating the Required Time

Compensation Standards in Civil Defamation Litigation and Methods of Gathering Evidence

How to File for Provisional Attachment and Provisional Injunction: What Are the Specific Criteria for Determining the Requirements?

Previous
Labor Union Negotiation Advisory | Amicable Conclusion of Collective Agreement and Wage Agreement
Next
Unauthorized Intrusion upon Habitation | A Case Leading to Non-Referral on a Charge of Special Intrusion upon Habitation
View listDo you have more questions?














