Family Law

[Claim for Hundreds of Millions of Won Dismissed in Full] Defense Case in a Relative’s Loan Repayment Lawsuit

[Claim for Hundreds of Millions of Won Dismissed in Full] Defense Case in a Relative’s Loan Repayment Lawsuit

  1. The Client’s Crisis

The client, a former CEO, had been privately conducting financial transactions with certain relatives. After a new CEO took office and economic benefits to those relatives were cut off, the relatives filed a lawsuit to recover the loan, claiming, “The client borrowed hundreds of millions of won on behalf of the company, so the company must repay it.”

  1. Key Issue

Because the promissory note presented by the other side listed the company’s name, we had to clearly determine whether this was a company-level loan or a private transaction between individuals. This was a case that required a detailed verification of the authenticity of the note and the consistency of the accounting records, and proof that the corporation was not liable.

  1. Defense Strategy

Attorney Yoon Ji-sang carefully reviewed the promissory note and accounting records presented by the other side. He pointed out signs that the note had been hastily fabricated, that the client had written the company name merely for identity verification purposes, and that there was no corporate seal affixed, then rebutted one by one the inconsistencies between the ledger entries and the opposing party’s claims, proving that it was a private transaction.

  1. Results and Recovery

The court accepted the argument that the financial transaction was nothing more than a private transaction between individuals, not a company transaction, and dismissed the entire claim for repayment of the loan amounting to hundreds of millions of won. The client and the company were able to completely escape the unfair financial burden.

Attorney in charge: Attorney Yoon Ji-sang (Managing Partner, extensive experience in civil and family law cases)

For confidentiality and privacy protection, this case has been partially de-identified to the extent that it does not compromise the essence of the matter.

Attorney in charge

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