Practice Areas
Our People
News & Resources
Book Consultation

Q
Views8,245
I lent a large sum of money to a friend, but even after the deadline has passed, they will not repay it. When I lent the money, I did prepare a loan certificate; does a loan certificate have legal effect? I am curious whether a loan certificate alone serves as evidence for legally recovering the money.
legal effect of a loan certificate
Answer
Published:
Author : ChanWoo JEONG
By itself, a loan certificate does not have the enforceability to directly execute against the debtor's property; however, it constitutes strong evidence proving the fact of a monetary loan for consumption.
Therefore, when you file an application for a payment order or a civil lawsuit, it can be used by the court as a key piece of material supporting the creditor's claim and can work in your favor.
If the loan certificate is notarized or a certificate of the registered seal is attached, its public credibility can be greatly strengthened.
This has the advantage that enforcement can be carried out quickly when the debtor does not voluntarily repay.
In addition, a loan certificate must clearly state essential information such as the parties' personal details, the loan amount, the interest agreement, and the repayment deadline.
Therefore, so that the legal effect of the loan certificate may be recognized as evidence, please carefully check whether these matters are stated.
In addition, one point to note is that, in order to protect your rights, you must exercise the claim within the 10-year extinctive prescription.
To sum up, although a loan certificate alone has no enforceability, it has legal effect as clear evidence, so it plays an important role in litigation, and if it goes through supplementary procedures such as notarization, its legal effect can be further strengthened.

Civil Execution 변호사
법률상담예약
모든 상담은 전문변호사가 사건 검토를 마친 뒤
전문적으로 진행하기에 예약제로 실시됩니다.
가급적 빠른 상담 예약을 권유드리며,
예약 시간 준수를 부탁드립니다.
만족스러운 상담을 위해 최선을 다하겠습니다.
전화
상담 1800-7905
365일 24시간
상담접수가능

카톡
상담
카카오톡채널
법무법인 대륜 변호사

온라인
상담
맞춤 법률서비스를
제공합니다.
All fields At a glance
1/0