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(영문) 서울중앙지방법원 2015.07.02 2015가합2312

대여금반환

Text

1. The Defendant’s KRW 9850,000 and the Plaintiff’s annual rate of 5% from April 2, 2015 to July 2, 2015.

Reasons

1. On August 13, 2004, 200,000 1,260,000 won as of February 14, 2008, 260,000 1,000,000 won from the balance of the Plaintiff’s claim receipt of the loan (as of October 15, 2014) (as of 15, 201) and KRW 3,00,00,000,00 won from the loan (as of 3,50,000,000,000 won) as of July 15, 2009, the Plaintiff received some of 3,50,000,000 won from the loan (as of 3,50,0000,000 won) as of February 12, 201, 3,5,000,000 won from the loan (as of 3,5,010,000,000 won).

The Deceased died on June 14, 2014, and the Defendant, a child, inherited the property of the Deceased.

Accordingly, the Plaintiff filed a claim against the Defendant for payment of the remaining principal and accrued interest of each of the above loans amounting to KRW 230 million in total and the remaining principal amount of KRW 170 million in total.

2. Determination

A. Comprehensively taking account of each description and the overall purport of evidence Nos. 1 through 5 of the part acknowledged as follows: (a) the Plaintiff loaned money to the Deceased as stated in the following table; (b) the Deceased died on June 14, 2014; and (c) on August 13, 2004, 15, 200,000 KRW 46.6 million on July 15, 2009, 300 KRW 46 million on April 1, 2010, 200 KRW 4.5 million on April 30, 2010; and (d) the Defendant did not recognize the interest rate of KRW 203,6350,000 on May 4, 2010 and KRW 208,000 on May 23, 2010 to the Plaintiff’s claim that the money was not received from the Deceased (the foregoing part).