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(영문) 대구지방법원김천지원 2014.07.16 2013가단11719

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On July 20, 191, the Plaintiff loaned KRW 26 million at the purchase price of an apartment to Nonparty deceased Co., Ltd. (hereinafter “the network”). On January 21, 1993, the Plaintiff loaned KRW 15 million at the interest rate and due date for repayment. ② On January 21, 1993, the Plaintiff loaned KRW 15 million at the interest rate of KRW 3% per annum. ③ On April 15, 1994, the Plaintiff lent KRW 10 million at the interest rate of KRW 3% per annum. ④ On December 6, 1995, the Plaintiff loaned KRW 110 million at the purchase price of an apartment at the interest rate of KRW 3% per annum.

B. The Plaintiff leased rent claim KRW 200,000 per annum to the Deceased, ① on February 1, 1993, KRW 500,000 per annum for the head of Gu, Si, E 2 parcel. ② On January 1, 2001, the Plaintiff leased F site and ground buildings at KRW 500,000 per annum. ③ From January 1, 1990 to December 31, 1996, approximately 3 miles was from January 1, 201 to December 31, 201, the Plaintiff leased KRW 201,00 per annum for the head of Gu, KRW 30,000 per 20,000 per annum from January 1, 209 to December 31, 2012, the Plaintiff leased KRW 201,000 per annum for the head of Gu, 301,000 per 20,000 per annum for the head of Gu, respectively.

C. From the end of August 2010, the Deceased of Damage Compensation Claim: (a) arbitrarily removed 550gs from 14 years old-age 14,00,000,000,000,000,000 owned by the Plaintiff, thereby causing damage to the Plaintiff (i.e., KRW 40,000 per 1gir x 550gs).

Therefore, the Deceased is obligated to pay the Plaintiff the remainder of KRW 142,00,000, which remains after deducting the amount partially repaid from the total of KRW 147,00,000,000, whichever is the sum of the above loans, rents, and damages. As the Deceased died on September 28, 2013, the Defendant solely succeeded to the Plaintiff’s obligations against the Deceased. As such, the Defendant, as the inheritor of the Deceased, was the Plaintiff.