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(영문) 수원지방법원성남지원 2016.10.20 2015가단26633

대여금 등

Text

1. The Plaintiff:

A. Defendant E’s KRW 100,000,000 and interest rate of KRW 15% per annum from July 14, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 13, 2012, the Plaintiff loaned KRW 100,000,000 to H at an interest rate of 2% per month and on August 31, 2013.

B. Defendant E, the mother of H, guaranteed the payment of KRW 30,000,000 out of the above loan amount of KRW 100,000,00 on October 1, 2012.

C. On October 10, 201, H leased a building under the JJ in Jung-gu, Seoul to KRW 100,000,000 per lease deposit, and KRW 7,000 per rent, and H operated a restaurant with the trade name of “K” on the first floor of the above building, and a singing practice room with the trade name of “Ling practice room” on the second or third floor.

H died on September 14, 2014, the heir left Defendant B and C, who is a child.

Defendant B and C filed a qualified acceptance report on the above inheritance on April 14, 2016.

Seoul Family Court (Seoul Family Court 2015 Ma11984).

After the death of H, M, the birth of Defendant E, on November 5, 2014, agreed to enter into the above lease agreement on behalf of Defendant B and C, after deducting the overdue rent of KRW 71,195,00 from KRW 10,000 to KRW 71,195,00 from KRW 10,000,00 from KRW 1,00,00,000 from the above lease deposit, until October 31, 2014.

F. Defendant F is a person working for the above restaurant as the office, and Defendant G is a woman living together with M.

I concluded a lease contract with Defendant F for the above restaurant at the date of termination of the above agreement, KRW 35,00,000 for lease deposit, KRW 4,500,00 for rent, and KRW 35,000 for the above singing practice room, KRW 35,00,000 for lease deposit, and KRW 3,300 for rent, respectively.

2. The part of the claim against the defendant B and C

A. According to the facts found as above, Defendant B and C are obligated to pay the above borrowed amount of KRW 50,00,000,000, each of the above borrowed amount of KRW 100,000,000, and damages for delay calculated at the rate of 15% per annum, which the Plaintiff seeks, within the scope of the agreed interest rate from September 15, 2014 to the date of full payment, according to the inheritance share ratio within the limit of inherited property inherited from H.

B. Performance by Defendant B and C