What people miss when submitting KakaoTalk chats as evidence

In cases where money was lent without an IOU, the key evidence showing the loan is usually a messenger conversation. A single line saying they will definitely repay by the end of next month, or will pay a certain amount of interest each month, serves as the contract. That is why how you keep the conversations and how you submit them can decide the outcome.

Capture the context before and after

If you capture only a single favorable line, the other side will produce the surrounding conversation and argue that it meant something else. Captures should show the other person's name or number and the date dividers, and should include plenty of the conversation before and after the sentence in question. Even if parts that look unfavorable are mixed in, deliberately leaving them out actually invites doubts about credibility.

If the conversation is long, also save a text file using KakaoTalk's export chat function. Captures are what you submit to the court, and the exported file is used to show the original flow if the other side claims tampering. It is also a good idea to separately save materials within the chat room, such as voice messages, photos and transfer notifications. If you use a cloud backup, note down the backup date and account as well.

The same principles apply to text messages, Telegram and Instagram messages. If the other person deletes their account or leaves the chat room, the information on your screen may change too, so save everything as soon as there are signs that a dispute is starting.

Before changing your phone

If you are considering a lawsuit, it is better to put off replacing or resetting your phone. Even with a backup, photos or voice messages sometimes go missing during restoration. If you really must change it, back up the chat rooms, export the files and take captures, and keep the old device rather than throwing it away.

If the content of a call matters, a recording of a call you took part in can be submitted as evidence. Keep the original recording file exactly as first recorded, and submit a transcript to the court along with it. If only an edited file remains, a dispute arises over whether it is the original.

• A screen showing the other person's profile and phone number
• Captures showing the date dividers
• The exported chat text file
• Transfer records supporting the content of the conversation
• Your old phone

If the other side claims tampering

If the other side argues that the captures were edited, reinforce them with other materials that match the conversation, such as transfer records from the same period. Since the same conversation should also remain on the other person's phone, we also consider applying for a document production order (문서제출명령). Even words the other person erased with the message deletion function can be used as evidence if you took a capture before that. If authenticity is seriously disputed, forensic examination may be needed, but it takes time and money.

With evidence, it is less a matter of the more the better than of pinpointing the disputed facts accurately. Rather than submitting hundreds of pages of conversation as they are, pick out and mark the important parts, and organize the rest in date order so it can be submitted when needed. What the court reads is often just the few lines that are marked.