
December 15, 2022
The client, who lost the case in the first instance of the loan claim case, had submitted an appeal through a different law firm appointed in the first instance and was in the process of applying for a suspension of enforcement. However, before the decision on the suspension of enforcement, the Suwon High Court ordered that the entire amount of 490 million won lost in the first instance be deposited in cash. The client, who did not have the means to secure 490 million won in cash immediately, urgently inquired with the law firm Cheongchul about changing the method of providing collateral to prevent the plaintiff (the opposing party) from seizing and auctioning.
The law firm Cheongchul explained the illegality and unfairness of the first instance ruling based on the fact that the 'Administrative Processing Guidelines related to the provision of collateral by submitting a Payment Guarantee Entrustment Agreement Document (Jaemin 2003-5)' was revised and enforced as of November 26, 2021. They also pointed out that currently, the certainty of forced execution is secured, and if the provisional execution continues while the plaintiff's (the opposing party's) financial situation worsens, even if the appeal is granted, it will be difficult to recover the already executed funds. They requested that approval be granted to provide collateral through a guarantee insurance policy.
Consequently, the Suwon High Court approved the law firm Cheongchul's request and ordered that out of the initial cash deposit of 490 million won, the remaining 350 million won could be substituted by submitting a guarantee insurance policy instead of the 140 million won. As a result, the client was able to avoid unnecessary cash expenditures.
The law firm Cheongchul promises to continue to do its best for the client's interests.
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