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(영문) 춘천지방법원강릉지원 2015.12.09 2014가단3708

대여금

Text

1. The Plaintiff:

A. As to the Defendant B’s KRW 38,00,000 and its amount, KRW 5,000,000, Defendant B, starting from June 10, 2009;

Reasons

1. Facts of recognition;

A. From June 10, 2009 to September 2, 2012, the Plaintiff loaned KRW 38,000,000 in total to Defendant B for five times in total as indicated in the following table, and the network D (hereinafter “the network”) guaranteed the Defendant B’s obligations listed in the table Nos. 2 below.

"Amount of KRW 10,00,000 per annum 24% per June 10, 2009 5,000,000 per annum on December 10, 2009, 2009 for joint and several guarantee for the payment of interest on a loan, the amount of KRW 20,000 on September 29, 2009 for the deceased on December 29, 2009" means the amount of KRW 20,00,000 on August 26, 2010 for the deceased on December 29, 2010, the amount of KRW 1,00,000 on November 4, 2010 for the joint and several guarantee shall not be determined 5, 200,000 on September 2, 2012.

B. However, Defendant B did not pay to the Plaintiff the agreed interest on each of the above loans since the respective lending dates set forth in the table Nos. 1 to 3 of the above paragraph. On the other hand, around March 7, 2014, the Plaintiff urged Defendant B to perform the repayment of each of the loans set forth in the table Nos. 4 and 5 of the above paragraph.

C. The Deceased died on May 13, 2013 and jointly succeeded to the Deceased, E, F, G, and Defendant C, their wife, and their children. However, on July 5, 2013, the remaining successors except the Defendant C, other than the Defendant, in this court, were to file a report on renunciation of inheritance in effect by this court 2013-Ma292, and the Defendant C filed a report on the refusal of inheritance in effect by this court 2013-Ma293, respectively, on August 28, 2013. < Amended by Act No. 11901, Jul. 5, 2013>

[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), Eul 2 and 3, the purport of the whole pleadings

2. According to the facts of the above recognition, with respect to the Plaintiff’s loans totaling KRW 38,00,000 and its amount, KRW 5,000,00 as of June 10, 2009, the loan amounting to KRW 10,000 as of June 10, 2009, and KRW 10,000 as of September 29, 200, the loan amounting to KRW 20,000,00 as of September 29, 200, the loan amounting to KRW 26,00,00 as of August 26, 2010, the loan amounting to KRW 20,000,00 as of August 26, 200, the loan amounting to KRW 20,000, the loan amounting to each agreement as of August 26, 201, ② the loan amounting to October 3, 2012