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Successful Recovery of a 40 Million Won Loan from an Unreachable Acquaintance, Including Full Litigation Costs

26-07-24 132

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1. Case Overview: Betrayal of a Trusted Acquaintance and Loss of Contact
The client could not turn away a close acquaintance (the debtor) who desperately pleaded for help. Using their own credit, the client took out a loan to lend a substantial amount of approximately 40 million won to the debtor. However, the debtor kept making excuses long past the agreed repayment date and eventually avoided the client's calls, disappearing altogether. Suffering from severe emotional distress while also bearing the burden of loan interest, the client ultimately sought out Law Firm Theo for the decisive return of the borrowed money.
 

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2. Unique Aspects of the Case: The Debtor's Tricks and Unexpected Variables During Litigation This case was complicated from the start because the debtor was completely unreachable, making standard judicial proceedings difficult. However, once our firm filed the complaint and began applying intense legal pressure, the debtor suddenly reappeared. They sneakily repaid a small portion of the principal and pleaded for leniency, creating an unexpected variable. This could have prolonged the lawsuit or caused confusion regarding the claimed amount. Therefore, a strategic response was essential to legally and accurately reflect the partial repayment while ensuring that every remaining penny of the principal and interest was recovered.

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3. Attorney Assistance: Meticulous Evidence Collection and Rapid Strategy Modification
  • Meticulous Evidence Collection: Even though the promissory note was unclear, we meticulously analyzed transfer records and the context of messenger conversations to perfectly prove to the court the existence of a "Loan Agreement" between the two parties.
  • Rapid Modification of Claim: We immediately responded to the unexpected variable of the "partial repayment" that occurred during the lawsuit. By honestly and swiftly deducting the repaid amount, we gained the firm trust of the court while fiercely targeting the opposing party's obligation to pay the remaining principal and damages for delay (applying the maximum legal interest rate).

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4. Result of Assistance: Full Victory for Loan Recovery and Defendant to Bear Litigation Costs
The court fully recognized Law Firm Theo's thorough evidence and logical arguments. As a result, we secured a "total victory" ruling, ordering the debtor to pay all the remaining 40 million won loan, along with the agreed-upon delay interest, and directing the debtor to bear the entirety of the litigation costs incurred by the client.


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"Often, the closer the relationship, the more likely people are to lose tens of millions of won because they do not properly draft a promissory note during financial transactions. Furthermore, if you fail to respond properly when the opposing party repays only a fraction of the amount mid-lawsuit to force a settlement or cut their losses, you might end up giving up your rightful money.

Never give up on the money you lent. Even if you have lost contact or lack a promissory note, there are clear methods for recovery. If you are experiencing similar difficulties, please consult immediately with Law Firm Theo, which possesses extensive experience and know-how in winning monetary lawsuits."


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