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(영문) 서울중앙지방법원 2016.12.02 2015가단5370464

대여금

Text

1. The Defendant’s each of the Plaintiffs KRW 75,00,000, and as to this, KRW 5% per annum from October 1, 2012 to December 25, 2015.

Reasons

1. Basic facts

A. On May 17, 2012, the Defendant drafted and delivered to D a letter of payment with the following content (hereinafter “instant letter of payment”).

The defendant shall confirm that 150,000,000 won borrowed to D shall be paid within the following time limit, and at the time of doing so, the time limit for payment shall be to accept any civil or criminal punishment: (b) September 30, 2012.

D The deceased on December 27, 2014 (hereinafter referred to as “the deceased”), and the Plaintiffs are the inheritors of the deceased.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion 1) The plaintiff primarily lent KRW 150,000,00 to the defendant. Thus, the defendant asserts that the plaintiff is liable to pay KRW 75,000,000 to the plaintiffs who are the inheritors of the deceased and delay damages.

B) The plaintiff conjunctively agreed to pay KRW 150,00,000 to the deceased until September 30, 2012. Thus, the plaintiff asserts that the deceased's heir is obligated to pay KRW 75,00,000 and delay damages therefrom. 2) The deceased is obligated to pay KRW 150,000 each to E from 205 to 2006, and the deceased was paid KRW 150,000 to E, and the defendant and G was given a total local sales right at the top of the cry game "F" from E. However, the defendant and G were invested in some of the above businesses due to the situation such as "sea open", but the deceased suspended the above business after receiving a shooting from the above businesses around September 9, 2012, the deceased decided to resume the business of producing the above game as a means to recover the money invested between the defendant and the deceased, and the defendant first recovered the deceased's investment in the above business and agreed to pay KRW 10,000.