Legal Q&A
Q
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Hello. I am asking whether a civil lawsuit for a loan is possible. An acquaintance asked whether I could lend about 40 million won for his mother's hospital bills. At first I refused, but when he earnestly pleaded, saying he must be truly desperate to ask me, I ended up lending it. But as soon as I lent the money, he went silent and even moved away. I do not even know the acquaintance's address; is a civil lawsuit for a loan possible?
Lawsuit for the return of a loan
Civil lawsuit for a loan
Answer
Published:
Author : Kuk Il KIM
I will answer your inquiry about whether a civil lawsuit for a loan can proceed.
A civil lawsuit for a loan is a procedure in which the creditor files a lawsuit with the court in order to receive the return of the loaned money.
If you lent money to an acquaintance but he does not repay it or has cut off contact, you can recover the claim through a civil lawsuit for a loan.
First, to file a civil lawsuit, you must know the other party's address.
Even if you do not know the address, you can trace the other party by several methods.
For example, you can attempt to make contact through the acquaintance's phone number, email, or socially related information, or find a way to confirm his former address.
If you cannot find the address at all, you may also proceed with the lawsuit on the ground of an unknown address.
In this case, the court can proceed with the lawsuit through service by public notice.
In other words, you can use a procedure in which the lawsuit is announced by a method prescribed by the court, rather than being served directly on the other party.
Afterward, to obtain the outcome you seek in the civil lawsuit for a loan, materials that can prove the amount lent and the transaction records are needed.
For example, items such as deposit records, a loan certificate, and the contents of conversations can be used as key evidence.
Legally, you can file a civil lawsuit for a loan on your own, but because the litigation procedure can be complex, it is advantageous to receive the help of an attorney.
This is because a civil attorney can help gather the necessary evidence, establish a legal strategy, and proceed with the lawsuit effectively.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property
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