I lent you money, but I can't contact you . What should I do ?
I lent you money, but I can't contact you . What should I do ?
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A foreign resident, Mr. R , came to visit us not long ago . At the end of last year, Mr. R 's Korean boss, Mr. K , urgently asked for a loan of 2 million won, so he wired the money to his account without an IOU . Mr. K , who had said he would repay in a week , suddenly stopped coming to work or answering the phone . Mr. R , who had been at a loss for several months as it was almost time to return to his country, finally came to the center with the guidance of his friend . I decided that it would be difficult to file a lawsuit because I did not have an IOU , so I went to the police and filed a complaint for fraud . This is because it seemed like there was a great intention to deceive from the beginning . However, it is not easy to prove fraud , and even if fraud is established, receiving the loaned money is another problem , so it was not an easy situation to resolve in a short time . However, fortunately, Mr. K returned to work while the police investigation was in progress , and Mr. R was able to get his money back through the company's mediation . |
There are many people like Mr. R who lend money and make a profit , but I emphasize two things through this case .
It's not easy to refuse a request to lend money when you're close friends . If it is a small amount that is not burdensome, lend it with the mindset that you would rather give it . However, if the amount is too burdensome, it is better to clearly refuse . If you find it difficult, send a text message like this . " Sorry . I have a lot of bad memories from when I lent money . So I set a standard not to lend money to anyone. ”
No matter how close and trustworthy your relationship is, when exchanging money, you must keep the details in writing . This type of document is called an <IOU> . Often, both parties' personal information ( name , resident registration number , address ), principal amount , borrowing date , repayment date , repayment method , interest rate , delayed damages in case of non-repayment after the repayment due date , signatures of both parties, etc. are listed .
However, this IOU alone is insufficient as evidence . There are cases where the debtor denies the IOU itself . Therefore , in order to secure the evidence of the IOU, both parties must visit a notary office together and have it notarized . However , just because it is notarized does not mean that compulsory execution or seizure can be carried out immediately if the money is not repaid . Only after filing a separate lawsuit ( claiming for return of rental money ) and receiving a judgment can the compulsory execution process begin .
Therefore, if you want to get money transactions notarized , it is better to get < Money Consumption Loan Notarization > , which allows you to immediately proceed with compulsory execution or seizure without filing a lawsuit . However, even if you get a notarized loan for money consumption , it is of no use if you do not have the debtor's assets when attempting compulsory execution or seizure .
From that perspective , obtaining physical collateral in advance is a safer method . In other words, a mortgage is placed on the debtor's real estate . However, even this cannot guarantee complete safety . This is because even if the real estate is auctioned in the future, there may be bonds that take priority over the mortgage .
Therefore , the best way is not to trade money !!