Creditor's Claim for Repayment
A creditor may claim for repayment when the repayment is due.
- Nevertheless, when a creditor demands for repayment, he or she may do so within the limitation period. (Article 162 of the Civil Act and subsequent Articles)
When the creditor may claim for repayment, he or she may do so orally, but usual practice is using content-certified post and delivery-certified post at a time.
- A “content-certified post" is an extra postal service provided by the post offices. With this service, the post office shall register and certify: (i) when the post was sent by the sender, and (ii) what the contents of the post were. (Article 15(3) of the Postal Service Act and Item (a) of Subparagraph 4 of Article 25(1) of Enforcement Rule thereof.)
- A "delivery-certified post" is an extra postal service provided by the post offices. With this service, the post office shall register and certify when the post was delivered to the recipient and notify the sender of such delivery. (Article 15(3) of the Postal Service Act and Item (c) of Subparagraph 4 of Article 25(1) of Enforcement Rule thereof.)
※ What would be the benefits of using the services of content-certified post and delivery-certified post?
- A content-certified post service is a public service that is provided for certifying when and where the contents of the post were sent by the sender.
- Although the content-certified post service cannot prove the truthfulness of the contents, it can be proved when and where such contents were sent by the sender and when such contents were delivered to the recipient.
- If the creditor claims for repayment of debt using the content-certified post service, the post office will prove that such claim was made to the debtor. It may be important evidence if an issue arises of whether the limitation period has expired.
- A delivery-certified post service can be used to prove when the recipient has duly received the content-certified post.
Preparing Content-Certified Post
Criteria for Preparing Content-Certified Post
- In terms of a content-certified post, an original copy and the photocopies for registration shall be prepared on a 210 mm × 297 mm paper (hereinafter referred to as the “standard paper”) pursuant to Article 7(6) of the Regulations on the Operation and Innovation of Administrative Tasks, and the photocopies for registration shall be prepared by photocopying the original copy. (Article 49(1) of the Enforcement Rules of the Postal Service Act)
- If the text or figures contained in the content-certified post have been amended, inserted, or deleted, such amendment, insertion, and/or deletion shall be expressly stated on the original copy, and the photocopies for registration shall be marked as "Deleted", "Amended", and "Inserted" in the margins of the form. Furthermore, the form must bear the sender's seal, thumbprint, or signature (Article 50(1) of the Enforcement Regulations of the Postal Service Act).
- With respect of the addresses and names of the sender and the recipient stated in the content-certified post and the envelope thereof, the photocopies for registration shall be identical to the original copy. (Article 51(1) of the Enforcement Regulations of the Postal Service Act)
How to Prepare Content-Certified Post
- You may write the letter according to the principle of 5W1H on A4 paper(s) so that the reader can easily understand the content.
- At the head of the letter, you should state names and addresses of the sender and the recipient.
- It is usual that three copies of the content-certified post are required.
· One copy will be used as an original and the other two copies will be used for registration purposes.
- Names and addresses of the sender and the recipient stated on the envelope of the letter shall be identical to the names and addresses stated on the letter.
Actual Template for Preparing Content-Certified Post
[Template for Preparing Content-Certified Post]
Claim Letter for Repayment of Loan
1. It is a fact that on March 1, 2014, I, the undersigned, entered into a cash loan agreement with you. Under the agreement, I lent money in the sum of KRW 15,000,000 to you at an interest rate of thirty percent (20%) per annum as from March 1, 2014, and you undertook to repay the principal and the interest accrued on or before February 28, 2015.
2. Although your repayment is overdue and I have repeatedly requested you to make prompt repayment, you failed to make repayment of the principal and the interest accrued.
3. Please be notified that I will take legal action against you unless you make the repayment on or before May 31, 2015.
April 1, 2015
Sender: Dae-Han Kim (700101-123 ㅇㅇㅇㅇ)
ㅇㅇ-dong, ㅇㅇ-ho, ㅇㅇ APT, Yeonmujang 7-gil, Seongdong-gu, Seoul
Min-Kook Lee (650101-134ㅇㅇㅇㅇ)
ㅇㅇ Building, Jongno-1-gil, Jongno-gu, Seoul
Procedure for Content-Certified Post
Submitting Original Copy and Photocopies for Registration of Content-Certified Post
- A person who intends to send a content-certified post shall submit the original copy and two photocopies of it for registration. (Article 48(1) of the Enforcement Regulations of the Postal Service Act)
- If there should be multiple recipients, an original copy and two photocopies for registration of each original, all of which contain all recipients' names and addresses, shall be submitted. (Article 48(2) of the Enforcement Regulations of the Postal Service Act)
- When two photocopies for registration are submitted, the post office shall register them, return one of the two copies to the sender, and archive the other copy for a period of three years as from the day after the submission. (Article 48(3) of the Enforcement Regulations of the Postal Service Act)
Registration and Certifying Content-Certified Post
- When three copies of a content-certified post are submitted, the post office shall verify that two photocopies submitted are true and correct copies of the original copy, and register the content-certified post by impressing an official stamp on each of three copies. The stamp may include the date of posting and the name of the post office. (Article 52(1) of the Enforcement Regulations of the Postal Service Act)
- Between the original copy for sending, one photocopy for archiving in the post office, and the other photocopy for the sender, an official stamp shall be impressed over the joint edges of the copies. (Article 52(2) of the Enforcement Regulations of the Postal Service Act)
- If the document for content-certified post has two or more pages, an official stamp shall be impressed over the joint of every two pages. If any text of the document was amended, inserted or deleted in part or in full, an official stamp shall be impressed thereon. (Article 52(3) of the Enforcement Regulations of the Postal Service Act)
- When the content-certified post is registered, the sender shall put the original copy into an envelope, on which the names and addresses of the sender and the recipient are written or printed, and seal the envelope in the presence of the personnel of the post office. (Article 52(4) of the Enforcement Regulations of the Postal Service Act)
Registration Fee for Content-Certified Post
- The registration fee for content-certified post shall be charged in proportion to the number of pages that it contains. If a sheet of paper is double-sided, such sheet shall be calculated as having two pages. (Article 53(1) of the Enforcement Regulations of the Postal Service Act)
- The registration fee for content-certified post shall be KRW 1,300 for a page and additional fee of KRW 650 shall be charged for any subsequent page(s) (Article 12 of the Enforcement Decree of the Postal Service Act).
Application for Certificate of Content-Certified Post or Application for Inspection
- The sender or the recipient of a content-certified post may apply for a certificate of the content-certified post within 3 years as from the day after the date of posting, by showing his or her ID Card and/or the receipt issued by the post office. (Article 54(1) of the Enforcement Regulations of the Postal Service Act)
- Any applicant for a certificate of content-certified mail shall submit the registered copy, which is identical to the photocopy archived in the post office, and the said post office shall issue a certificate of the content-certified mail after checking if the one that the post office keeps and the one that the applicant has submitted. However, in cases in which it is not possible for the applicant to submit the content-certified mail due to the loss thereof, etc., the post office may replicate the one that it keeps and issue a copy of the said content-certified mail(Article 54(2) of the Enforcement Regulations of the Postal Service Act).
- The sender or the recipient of a content-certified post may apply for an inspection of the registered copy of the content-certified post within 3 years as from the day after the date of posting by showing his or her ID Card and/or the receipt issued by the post office. (Article 55 of the Enforcement Regulations of the Postal Service Act)
Procedure for Delivery-Certified Post
Indication of Delivery-Certified Post
- A sender of a delivery-certified post shall clearly state "Delivery-Certified" on the place, which can be easily identifiable, of the envelope. (Article 57 of the Enforcement Regulations of the Postal Service Act)
Sending Delivery-Certified Post
- When a delivery-certified post is delivered to the recipient, the post office shall give a notice of delivery in writing to the sender. Notwithstanding this, such notice may be given electronically in the case where the sender had consented to such mode of notice. (Article 58 of the Enforcement Regulations of the Postal Service Act)
Application for Certificate of Delivery
- The sender or the recipient of a registered post may apply for a certificate of the delivery-certified post within 1 year as from the day after the date of posting by showing his or her ID Card and/or the receipt issued by the post office. Notwithstanding this, such application may be made within 3 years as from the day after the date of posting in the case where the registered post was a content-certified post. (Article 59 of the Enforcement Regulations of the Postal Service Act)
Fee for Delivery-Certified Post
- The fee for delivery-certified post shall be KRW 1,300 per envelope. (Article 12 of the Enforcement Decree of the Postal Service Act; "
Fees for Postal Service")
※ I am the recipient of a content-certified post and/or a delivery-certified post. What should I do?
- In a money transaction, if the creditor sent a claim letter demanding your repayment of debt by way of content-certified post, such mode does not necessarily prove the truthfulness of the contents of the letter. Accordingly, you may not be prejudiced even if you have not raised any objection to the contents of the letter.
- However, given the fact that the creditor claimed for your repayment by way of content-certified post, he or she is likely to take further legal action against you. As such, it is advisable for you to take legal advice from a legal expert as to what measures should be taken to defend against the creditor's claim ("Korea Legal Aid Corporation").
※ Content-Certified Post & Delivery-Certified Post Services Provided by Post Offices
- You may visit a post office during the office hours or visit www.epost.go.kr for 24 hours to use content-certified post service and/or delivery-certified service.
- For further detailed information, you may visit http://service.epost.go.kr/ or call
☎1588-1300.