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(영문) 의정부지방법원 고양지원 2018.06.20 2018가단75937

대여금

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1. The Defendant: (a) against the Plaintiffs each claim fee and each of the above money stated in the separate sheet from March 31, 2012 to April 2018.

Reasons

1. Indication of Claim: The defendant borrowed the loan from the deceased J (hereinafter "the deceased"), and the plaintiffs are the deceased's successors (the deceased's spouse, the remaining plaintiffs, and the deceased's children, and No. 2-1 through No. 7 J.

On February 15, 2011, the Deceased lent a loan of KRW 80 million to the Defendant without interest, and the Defendant decided to repay the loan by May 15, 201.

(A) The Defendant paid only KRW 20 million out of the loan KRW 80,000 on November 24, 201, even if the agreed due date for repayment arrives.

Accordingly, on December 23, 2011, the Defendant agreed that the remaining principal of the loan shall be paid up to March 30, 2012, while issuing a letter of promise (No. 1-2) to the Deceased.

However, as the Defendant failed to pay KRW 60,000 even until March 30, 2012, the Defendant was obligated to pay 60,000 per annum interest from March 31, 2012 to the Deceased in accordance with Articles 379 and 397 of the Civil Act (Special Provisions on Non-performance of Monetary Debt).

On August 2, 2017, the Deceased died on August 6, 2017.

(See Evidence No. 2-1 J. The deceased’s heir is the deceased’s spouse A and the remaining Plaintiffs, who are the deceased’s spouse. As such, the Plaintiffs succeeded to the loans owed by the deceased’s Defendant according to their respective inheritance shares.

Since the deceased had seven spouse and seven children before his birth, the inheritance shares of the plaintiff A (spouse) are 1.5/8.5, and the remaining plaintiffs (child)' shares in the inheritance are 1/8.5.

Therefore, the plaintiffs should be deemed to have succeeded to the loan claims of the deceased against the defendant as shown in the attached Table.

The plaintiff A, a spouse, has succeeded to KRW 10,58,235.294, and the remaining plaintiffs have succeeded to KRW 7,058,823.529, respectively. Therefore, the plaintiff A’s claim amount is partially reduced to cover 60,000 won.