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(영문) 대전지방법원논산지원 2015.01.15 2014가단3224

대여금

Text

1. The Defendant: (a) against Plaintiff B, KRW 9,428,572, and KRW 6,285,714, and each of the said amounts, respectively, to Plaintiff C and D. < Amended by Presidential Decree No. 25089, Apr. 1, 2014>

Reasons

1. Indication of claim;

A. On July 26, 2011, A leased from the Defendant, the period of 30 months from August 20, 201, the period of 50,000, the deposit money of 22,00,000, and the rent of 50,000.

B. A and the Defendant terminated the above lease agreement, and around that time, the Defendant drafted a letter of loan that KRW 22,00,000 shall be paid to A by May 31, 2014.

C. After the filing of the instant lawsuit, A died on September 11, 2014, which was the date of the instant lawsuit, and his heir has the Plaintiff B (3/7) and his/her spouse C, and D (2/7).

Therefore, the Defendant is obligated to pay interest or delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from December 11, 2014 to the day of full payment with respect to each of the above amounts (22,00,000 won x 3/7), the Plaintiff C, and D respectively (=22,00,000 won x 2/7) and each of the above amounts.

2. Judgment on deeming confessions based on the grounds (Articles 150 (3) and 208 (3) 2 of the Civil Procedure Act);