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(영문) 의정부지방법원 2014.12.17 2014가합53032

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 159,00,000 and KRW 120,000 among them, from December 11, 2013 to July 1, 2014.

Reasons

1. Facts of recognition;

A. The Defendants are married, and the Plaintiff is the mother of Defendant B.

B. On January 11, 191, the Plaintiff completed the registration of ownership transfer for each land listed in the separate sheet No. 9 on October 31, 2003 with respect to each land listed in the separate sheet No. 1 through No. 8 on October 31, 2003, and Defendant B completed the registration of ownership preservation for the building listed in the separate sheet No. 10 on November 5, 1991.

C. On December 28, 2003, the Defendants drafted a loan certificate stating that the Plaintiff shall jointly borrow KRW 120 million from the Plaintiff (hereinafter “the instant loan certificate”) and shall pay KRW 20 million each by December 10 each year (hereinafter “the instant loan certificate”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, damages for delay by 5% per annum under the Civil Act from the day after each due date for the loan of this case 120 million won to December 10, 2013 are as follows. The Defendants, a joint user, jointly and severally, have the obligation to pay to the Plaintiff damages for delay at the rate of 159 million won ( = 120 million won) and 120 million won among them from December 111, 2013 to July 1, 2014, which is the delivery date of the duplicate of the complaint of this case, with 5% per annum under the Civil Act and 20% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

The amount of KRW 20 million (i.e., KRW 20 million x 20 million x 7 million x 7 million on December 10, 2013 from the date following the due date to December 10, 2013 (i.e., KRW 20 million x 0.05 x 9 years) 20 million x 8 million on December 10, 2005 (i.e., KRW 20 million x 0.05 x 8 years) 20 million on December 10, 2006 (i.e., KRW 20 million x 0 million x 0.05 million x 7 million x 7 million on December 10, 2007) (i.e., KRW 20 million x 20 million x 5 million x 2 million 5 million x 2 million x 5 million x 2 million 5 million x 2 million ;