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(영문) 서울남부지방법원 2015.12.04 2015가단232662

대여금

Text

1. The Plaintiff:

A. Defendant B, (1) 21,000,000 won and the interest rate of 15% per annum from November 28, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. The deceased D shall lend KRW 1,00,000 to Defendant B, and KRW 60,00,00 on March 5, 2014 from December 30, 2014 to December 30, 2019 (this shall be interpreted to have agreed to pay KRW 1,00,000 on the 30th day of each month for 60 months from January 30, 2015 to December 30, 2019), and shall be lent KRW 10,000,000 on July 30, 2014 without the time limit for repayment.

(b) D shall lend KRW 10,000,000,000 for Defendant C, the date of which is fixed from May 27, 2013 to January 27, 2016, and lend KRW 5,000,000 on April 18, 2014 to Defendant C without fixing the due date, and the lending shall be made on May 27, 2014 by setting the due date as KRW 65,000,000 on May 27, 2014. < Amended by Act No. 12738, May 27, 2014>

C. After D died on April 1, 2015, the Plaintiff’s sole inheritance of the property due to an agreement division after D’s death.

D. Based on the foregoing factual basis, the Plaintiff sought payment of the following money from Defendant B (1) as follows: (a) KRW 11,00,000,000 from January 1, 2015 to November 2015 when the due date has already arrived at KRW 60,000,000 from March 5, 2014; (b) the initial date, unless otherwise specified, shall be November 24, 2015 against the Defendants; (c) KRW 11,00,000 from November 24, 2015 to December 2, 2019; and (d) the payment of KRW 1,00,000 to KRW 10,000 from the date following the due date to the due date; and (d) the payment of KRW 70,000 to the last 0,000, KRW 205,000 and KRW 405,000 from the date following the due date; and (d) the payment of KRW 2005,005.40.

2. Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act), Defendant C: Judgment to recommend confession (Article 208 (3) 2 of the same Act);