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(영문) 창원지방법원 진주지원 2018.07.12 2017가단38033

대여금

Text

1. Defendant D’s KRW 12,857,142, Plaintiff B, and C respectively, and each of the said money from April 25, 2018.

Reasons

In addition to the overall purport of the arguments in the statement in Gap evidence Nos. 1 through 5, the plaintiff A is the denial of the net F, the plaintiff B and C is the parent of the net F, the fact that the net F was lent to the defendant D on November 29, 2013, the fact that the net F was lent KRW 50 million to the defendant on January 20, 2015, the net F was jointly and severally lent KRW 70 million to the defendants on January 20, 2015, the net F was killed on October 17, 2017, and the plaintiffs inherited the net F.

Meanwhile, the Plaintiffs held that Defendant D paid KRW 20 million out of the borrowed money as of November 29, 2013.

According to the above facts of recognition, Defendant D is obligated to pay to the Plaintiffs KRW 100 million [the remaining loans of KRW 30 million (= KRW 50 million - KRW 20 million) as of November 29, 2013], and Defendant E is jointly and severally liable with Defendant D to pay KRW 70 million as of January 20, 2015.

Furthermore, the Plaintiffs are jointly and severally liable for loans extended on November 29, 2013 by the Defendants.

However, it is not sufficient to acknowledge the above facts only with the descriptions of evidence Nos. 4 and 6, and there is no other evidence to prove it, so the above assertion by the plaintiffs is without merit.

Therefore, Defendant D is not more than KRW 12,857,142 for Plaintiff A, but less than KRW 12,857,142 for the same reasons.

(i) The Defendants are jointly and severally liable to pay to the Plaintiff KRW 30 million per annum from April 25, 2018 to the day of complete delivery of the copy of the instant complaint to the day of full payment x KRW 30 million per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (i.e., loan x KRW 30 million) to the Plaintiff B, and C, respectively (i.e., inheritance shares x KRW 30 million on November 29, 2013 x KRW 2/7) and each of the above deposits x 15 percent per annum from April 25, 2018 to the day of full payment. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 30 million (i.e., loans x KRW 70 million on January 20, 2015 x KRW 3/7) to the Plaintiff, Plaintiff B, and C 20 million on January 20, 2015 x 2005.