beta
(영문) 춘천지방법원강릉지원 2016.04.19 2015나1977

대여금

Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On January 29, 1993, under the joint and several guarantee of E and F, the Plaintiff loaned to D KRW 4 million at the maturity of 31 December 1993, interest rate of KRW 5% per annum, delay damages rate of KRW 15% per annum (hereinafter “first loan”), and (2) under the joint and several guarantee of E and G on June 10, 1993, 2.5% per annum on June 9, 2001, 5% per annum, and delay damages rate of KRW 17% per annum.

(hereinafter referred to as “second loan”). (b)

After December 31, 1993, the Plaintiff entered into a loan agreement with D with a lending limit of 5 million won, the transaction period until December 31, 1995, the interest rate of 12% per annum, and the delay damages rate of 19% per annum.

(hereinafter referred to as "third loan" and the combination of loans 1, 2, and 3 shall be referred to as "each of the instant loans").

The respective loans of this case against the Plaintiff remaining as of April 6, 2015 are KRW 29,003,914 in total, and the specific details are as follows.

1) Money related to loan 1: Interest on attempted loan 3,438,681 won (interest accrued until June 9, 2001) 2: Interest on failed loan 3,862,889 won (interest accrued until April 28, 2009) 3: Principal 5,067,565 won; interest on failed loan 5,067,565 won; interest on failed loan 2,172,61 won before and after redemption; 211,400 won after redemption; interest on failed loan 5,121,37 won; delay damages 9,129,391 won in total;

D.D died on April 5, 2002.

The defendant (Appointed Party), the appointed party B, the appointed party B (hereinafter the defendant (Appointed Party) and the appointed party B and C together with the defendant (hereinafter the defendant (Appointed Party) filed a declaration of renunciation of inheritance to waive D's succession to property under the Chuncheon District Court Gangnam Branch Branch Decision 2002Ra162, and the above declaration was accepted on June 11, 2002.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 7 (including a raid number), Eul's evidence 1, and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion D is about KRW 29,003,914 in total, and KRW 5,067,565 in total, the third loan principal.