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(영문) 서울중앙지방법원 2018.11.09 2018가합2566

대여금

Text

1. The Defendants: (a) each of the KRW 107,500,000, within the scope of property inherited from the networkF to the Plaintiff; and (b) 25,000.

Reasons

1. Basic facts

A. The plaintiff filed a lawsuit against F with the Seoul District Court. On March 13, 1998, the above court sentenced F to the judgment that "F shall pay to the plaintiff 430,000,000 won and 100,000,000 won with interest rate of 20,000 won from December 27, 1987, and 130,000,000 won from December 27, 1988, and 130,000 won from November 1, 1989 to February 27, 1998, and 24% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

(Seoul District Court 97 Gohap95198). (b)

The plaintiff filed a lawsuit with the Seoul Central District Court to extend the extinctive prescription of the above claim. On June 10, 2008, the above court affirmed the judgment below that "F received 24% per annum from November 1, 1989 to February 27, 1998 with respect to 430,000,000 won and 100,000,000 won from December 27, 1987 to December 27, 1988; 130,000,000 won from November 1, 1989 to February 27, 1998; and 25% per annum from the next day to March 10, 2008; and that calculated 20% per annum from the next day to the day of complete payment."

(Seoul Central District Court 2008Gahap22318). (c)

F The F died on May 5, 2012, and the heir is the Defendants, who are their children.

The Defendant B filed an application for a qualified acceptance with the Seoul Family Court 2014-Ma4781 on August 21, 2014, and the report on the qualified acceptance was accepted. Defendant D and C filed an application for a qualified acceptance on September 16, 2014 with the Seoul Family Court 2014-Ma6067, and the report on the qualified acceptance was accepted on September 16, 2014. Defendant E filed an application for a qualified acceptance trial with the Seoul Family Court 2014-Ma30610, and the report on the qualified acceptance was accepted on November 26, 2014.

The Plaintiff filed the instant lawsuit on April 13, 2018 for the extension of the statute of limitations for the said loan judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the facts found in the above Paragraph 1, the Defendants are subject to the judgment.