Case Type: Loan Recovery 

Result: Complete Victory & Full Recovery of KRW 160 Million Principal plus Interest 

Case Detail: 

Legal Nature of Intra-Family Financial Transactions and Burden of Proof 

The client provided a total of KRW 300 million for his daughter-in-law's apartment acquisition during his son's marriage. When the marriage breakdown rendered the remaining KRW 160 million uncollected, the client sought legal representation from Suhn Law Group. The defendant admitted receiving the funds but completely denied repayment liability, claiming the money was a gift, that the repayment date had not yet arrived even if it were a loan, and that the authenticity of the promissory note could not be recognized.

Legal Analysis and Step-by-Step Refutation of Defendant's Claims 

To establish the existence of a loan agreement, Suhn Law Group comprehensively structured the transactional context. Regarding the gift defense, we submitted financial records demonstrating that KRW 140 million had already been repaid and that interest payments had been remitted regularly. We logically asserted that partial principal repayments and interest transfers would not occur under a gift arrangement, prompting the court to demand further proof of a gift from the defendant.

Proof of Due Date Expiration and Authenticity of the Promissory Note 

When the defendant sequentially argued that the repayment deadline had not passed, our team examined the promissory note clauses and proved to the court that the agreed due date had already lapsed by the time of the pleadings. Furthermore, against the defendant's assertion denying the authenticity of the promissory note, we applied the legal doctrine of presumed authentic execution derived from the affixation of the seal under civil procedure law, supported by circumstantial evidence of financial transactions, successfully establishing the document's validity.

Judicial Determination and Successful Enforcement Collection 

The court rejected all defenses raised by the defendant and ruled entirely in favor of the plaintiff. The judgment ordered the defendant to pay the uncollected principal of KRW 160 million, full delay damages, and all court costs. Following the final judgment, Suhn Law Group successfully collected the full claim amount of approximately KRW 190 million including interest, bringing the enforcement proceedings to a complete conclusion.

Case Inquiry: Attorney BAK, Sung uk