Legal Q&A

In a title trust of shares, what do I do if the person who lent their name does not return the shares?

During the process of establishing a company, due to shareholding restriction issues, I carried out a title trust of shares by registering the shares under an acquaintance's name. However, as time passed, I, the actual owner, requested that the shares be returned, but the nominal holder is refusing. I am curious whether, in such a case, I can legally recover the shares.

What elements must be proven when claiming tort damages?

Having suffered financial and emotional harm as a result of the other party's conduct, I am considering a claim for tort damages. I clearly feel that the situation is unfair, but I am curious whether a lawsuit is possible based solely on the assertion that I suffered harm. I would like to know what facts I must prove in order to claim tort damages and to what level I should prepare evidence.

Before filing a civil suit for defamation, how should I secure evidence?

I have suffered serious harm due to online posts and comments, so I am considering a civil suit for defamation. The posts at issue were uploaded to social media and online communities, and some have already been deleted or edited. I am not sure whether litigation is possible even in such a case, or what materials I should secure as evidence. I would like to know what evidence I must prepare and what points I should be careful about before filing a civil suit for defamation.

How should I prove the nonpayment of construction payment?

Even though the construction was completed, the ordering party has not paid the promised payment, so the nonpayment of the construction payment continues. No formal contract was drawn up, and the scope and amount of the work were agreed upon orally before proceeding. There are records of some of the content exchanged by text message or KakaoTalk, and I also keep photographs of the construction site and records of material and labor cost expenditures. I would like to know whether the fact of the nonpayment of the construction payment can be proven with such materials alone, and, if it comes to a lawsuit, what evidence is most important.

Is a lawsuit for a stipulated sum possible even with only a verbal agreement and no written contract?

I once made a promise with an acquaintance regarding a payment of money in connection with a business, but we did not draw up a separate written contract and had only agreed verbally. Later, when I raised the issue after not receiving the promised money, the other party is claiming they bear no responsibility because there is no written contract. I am wondering whether I can file a lawsuit for a stipulated sum even in such a case, and whether a verbal promise has legal effect.

The contract was terminated due to the other party's fault; can I recover the down payment through litigation for the return of the down payment?

I paid a down payment when entering into a real estate contract, but the contract did not proceed normally due to circumstances on the other party's side. From my perspective, I believe the contract was terminated due to the other party's responsibility. However, the other party is refusing to return the down payment, which is a frustrating situation. I would like to know whether, even in such a case, I can recover the down payment through litigation for the return of the down payment, and whether there are cases where the return is denied even when the other party's fault is clear.

I lent money without a loan certificate. Is a civil lawsuit for a loan claim possible?

At an acquaintance’s request, I lent money on several occasions. Because we were close at the time, I did not draw up a separate loan certificate, and only records of the bank transfers and KakaoTalk conversations remain. When I asked for the money back, the other party is denying the very fact of the loan, which is troubling. I have heard that a lawsuit is difficult without a loan certificate, so I am worried, and I am curious whether I can still file a civil lawsuit for a loan claim in such a case.

Please help me file a civil lawsuit for a sexual offense.

A year ago, while walking down the street, I was sexually molested by a stranger. I immediately filed a criminal complaint, and the perpetrator was sentenced to imprisonment. However, due to the mental shock following the incident, I have been receiving psychiatric treatment up to now, and I am curious whether I can also receive civil damages for such mental harm. I am considering filing a civil lawsuit for a sexual offense, and I would like help on what procedure I can follow.

Can I file a civil suit for fraud?

I suffered voice phishing damage, so I filed a criminal complaint, and the perpetrator in the case was caught and put on trial. I applied for a compensation order, but I received a decision of dismissal on the ground that this person was merely a cash collector for the voice phishing operation. So how can I recover the money I lost to voice phishing.. If I file a civil suit for fraud, will I be able to get my money back?