Divorce · Family · Civil
Claim for Return of a Loan Made Under the Guise of Investment
1. Case Overview
The plaintiff had a long acquaintance with the defendant. Beginning with KRW 20 million borrowed in around March 2024 on the pretext of a younger sibling's circumstances, the defendant then defrauded the plaintiff of a further KRW 190 million in three installments between April and September of the same year under the pretext of 'generating profits through coin investment,' for a total of KRW 210 million remitted. When the defendant began avoiding contact in November and cut off contact entirely around December, the plaintiff filed a criminal complaint for Fraud and, in the civil action, brought suit with tort Damages as the primary claim and return of the loan as the alternative claim.
2. DAEON's Strategy
In this case, DAEON designed a multi-layered litigation structure—tort Damages based on the defendant's deliberate deception as the primary claim, and a claim for return of the loan as the alternative claim in case the defendant denied the deception—to secure legal certainty. Through clear evidence such as bank transfer records and text messages, we proved the remittance of funds, the intent to lend, and the failure to repay, while also comprehensively presenting indicia of fraud such as the defendant's evasion of contact. In parallel with the civil suit, we filed a criminal complaint against the defendant for Fraud, increasing the legal pressure and strengthening the persuasiveness of the tort claim—a strategy that led to the winning judgment.
3. Result - Full Win
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Shin Dong-woo
Kwak Dong-jun
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