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(영문) 수원지방법원 평택지원 2018.04.27 2017가단9003

대여금

Text

1. Defendant B’s KRW 35 million to the Plaintiff and the Plaintiff’s 5% per annum from July 5, 2003 to July 20, 2007.

Reasons

1. Facts of recognition;

A. The Plaintiff’s net F and the Defendant B’s final judgment made a loan to Nonparty F under Defendant B’s joint and several sureties, and then filed a lawsuit against Defendant B and the Defendant F in 2007 against this Court’s claim for the return of the loan.

With respect to the above case on October 11, 2007, the Court rendered a ruling that "the net F and Defendant B jointly pay to the Plaintiff the amount of KRW 35 million and the amount calculated by applying 5% per annum from July 5, 2003 to July 20, 2007, and 20% per annum from the next day to the full payment date" and the above ruling became final and conclusive on November 1, 2007.

B. On April 8, 2016, the deceased Party F’s death and the deceased Party F’s renunciation of Succession were deceased on April 8, 2016, and Defendant C(Ma), D(Ma), and E(Ma) were the first heir. Defendant C, D, and E were adjudicated to accept the declaration of renunciation of inheritance on August 5, 2016 by this Court as the court’s 2016Ra457.

[Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to Gap evidence, Eul evidence and the purport of whole pleadings]

2. According to the Plaintiff’s claim as to Defendant B, Defendant B is obligated to pay to the Plaintiff 5% per annum from July 5, 2003 to July 20, 2007, 20% per annum from such date to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from such date to such date, as the Plaintiff seeks, and as the Plaintiff seeks with respect to the claim amounting to KRW 35 million, Defendant B is also obligated to pay to the Plaintiff 5% per annum, and the damages for delay calculated at the rate of 15% per annum from such date to the date of full payment.

3. According to the facts of the Plaintiff’s claim as to Defendant C, D, and E, the Defendant C, D, and E’s debt to the Plaintiff of the network F is inherited by each inheritance share to the Defendant C, D, and E, the first heir. However, the fact that Defendant C, D, and E renounced inheritance to the network F is the same as that of the foregoing, and thus, Defendant C, D, and E’s defense that points out this issue is reasonable.

4. If so, the Plaintiff’s claim against the Defendants is pending.