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Civil

2022.02.23

Restitution Claim for Deposit Money of House Lease

Cha&Kwon Law Offices provided legal service for a client on a lawsuit claiming restitution on the deposit money of house lease. The client had been living together with deceased A until A’s death and had lent money to A several times. A and the client wrote a rental contract listing 1) A rents his/her real estate to the client and 2) substitute deposit amount with the debt amount. During this progress, A handwrote the rental contract and delivered it to the client.  

After A’s death, the client filed a lawsuit to A’s heirs, claiming restitution of deposit money. But A’s heirs claimed that the authenticity of rental contract is unclear. Cha&Kwon Law Offices visited the client’s house in search of A’s handwritten documents and found phone book handwritten by A located in the closet. Upon seeing the phone book, the client then remembered that A used to record phone numbers by hand.

By explaining to the department of justice that A’s handwriting on the phonebook was identical to the handwriting on the contract, Cha&Kwon Law Offices claimed that the rental contract was written by A. The department of justice recognized Cha&Kwon Law Offices argument and decided that A’s heirs must restitute the deposit amount stated on the rental contract to the client.

 

In the case of civil lawsuits, the people involved must reserve the evidence for the arguments. If lawsuits are filed thinking that “this should be enough,” or “the court will make decisions,” you might lose a case for lack of evidence. Meanwhile, if you have crucial evidence that the opponent overlooks, the lawsuit result could be overturned. Thus, Cha&Kwon Law Offices make it a rule that even with civil cases, we communicate with our clients during case accepting process and directly reserve crucial evidence to make sure the client does not lose a case for lack of evidence.