beta
(영문) 부산지방법원 2017.08.24 2017가단310247

대여금

Text

1. Defendant B and C shall pay to the Plaintiff KRW 62.5 million each and the interest rate of KRW 20% per annum from January 1, 2016 to the day of full payment.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 through 5; and (c) the fact inquiry results with respect to the Chief of the Changwon Police Station of this Court.

On September 22, 2015, the Plaintiff and E entrusted to international law firms, and returned KRW 125 million, which they received from the Plaintiff as the price for the purpose of purchasing scrap metal, to the Plaintiff. The Plaintiff and E divided it and repaid KRW 2,500,000 on the last day of each month from October 2015 to November 50, 2019. On one occasion, the Plaintiff and E shall immediately lose both the interest of the installment and the due date, and shall pay all the unpaid amount and the delay damages in addition to the rate of 20% per annum (hereinafter “notarial deed of this case”) with the said law firm 359.

B. At around 03:50 on March 10, 2017, E died from a traffic accident that occurred by a motor vehicle driven by F (hereinafter “instant accident”). Defendant B and C, a child, were their successors.

C. On April 13, 2017, the Plaintiff filed an application for provisional attachment on the part of KRW 125 million out of the damages claim (insurance money) with the Busan District Court against Defendant B and C for the provisional attachment order (hereinafter “the provisional attachment order of this case”), which is the insurer of the damage of the instant accident, against the Defendant Meritorious Insurance Co., Ltd. (hereinafter “Meritorious Insurance”), as the right to preserve the claim under the instant notarial deed, and received a provisional attachment order on the said part from the said court (hereinafter “the provisional attachment order of this case”), which was served on April 17, 2017.

As the mother of Defendant B and C, D, as a legal representative, is liable for damages arising from the instant accident.