대여금
1. The Defendant: (a) KRW 4,285,714 for each of the Plaintiffs and 5% per annum from June 27, 2014 to July 3, 2015; and (b) for each of the Plaintiffs.
1. The Plaintiff is a child of the deceased E (the deceased on September 8, 2013, hereinafter “the deceased”), and the Defendant is a second suit of the deceased.
The deceased’s spouse died before the deceased’s death. The deceased’s children died on September 8, 1997, and their children are subject to inheritance, as the deceased’s wife G, H, Plaintiff B, I, and Plaintiff C, respectively, inherited 1/7 of the deceased’s property.
On September 7, 1990, KRW 1.5 million, ② KRW 20 million on September 11, 1990, KRW 3.16 million on October 16, 1990, KRW 4.5 million on July 8, 1991, KRW 50 million on July 31, 1991, KRW 84.99 million on July 31, 1991, the Deceased deposited money in the Defendant’s account five times as indicated below.
On March 11, 2002, the Deceased was determined to make a provisional attachment with the claim amounting to KRW 70 million with respect to the size of 2113 square meters and the size of 356 square meters prior to the JJ in Seocheon-si, the Defendant owned on March 11, 2002 (Cheongju District Court Decision 2002Kadan322). The registration of the provisional attachment was completed on the same day.
2. The parties' assertion
A. On August 1, 1991, the Deceased loaned a total of KRW 84.99 million to the Defendant, and the Defendant agreed to pay the Plaintiff KRW 70 million interest at the rate of 2.5% per month and the due date of repayment on August 1, 1994 and agreed to pay the borrowed money, and the Defendant did not pay the borrowed money. The Defendant was not obligated to pay the Plaintiff each of the above loaned claim from the Deceased and the delayed payment damages at the rate of the agreement after the due date of payment.
(2) A reimbursement of KRW 20,000 on the same day has been promised, but this does not apply. (2)
Defendant’s assertion 1) Of the above table, ①, ②, ③ Claim is not borrowed, ④ KRW 46 million or KRW 4990,000 from among the above table, and KRW 46 million or KRW 4999,00 from among the above table is the money borrowed. 2) The statute of limitations for the loans claimed by the Plaintiffs has expired.
3 The Deceased, around August 18, 2013, left only KRW 30 million out of the Defendant’s debt, and exempted the remainder, or the deceased and the Defendant.