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(영문) 대구지방법원 2018.10.11 2018나301020

대여금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 16,142,857 and KRW 5,00,000 among them.

Reasons

1. Basic facts

A. On February 24, 2005, the Plaintiff transferred KRW 28,000,000 from one’s own account to one’s name, respectively, and KRW 70,00,000 on January 9, 2013.

B. On August 21, 2015, the Plaintiff and the Defendant’s father C died and jointly succeeded to C’s property rights and obligations at the ratio of 3/17 shares, the Plaintiff, the Defendant, the E, the F (the foregoing E and Dong name), G, H, and I, each of which is 2/17 shares.

C. After that, the Plaintiff and the Defendant died on October 6, 2016, the Plaintiff, the Defendant, the E, F (the foregoing E and Dong name), G, H, and I jointly inherited their respective 1/7 shares, which are their children.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's primary claim is 1) on February 24, 2005 28,00,00 won (per interest rate of 30,000,000 won per annum on February 24, 200), and 70,00,000 won per annum on January 9, 2013 (per interest rate of 40,000 won per annum on every nine months) (per 00,000,000 won per annum from March 30, 200 to January 30, 2013) x 80,00 won per annum on the plaintiff's primary claim is 0,70,000 won (per interest rate of 0,000 won per annum 80,000,000 won per annum on June 30, 2015). However, the defendant extended the above principal to 00,700,000 won per annum on June 30, 2015.