대여금
1. The Plaintiff:
A. Defendant B’s KRW 30 million and as to this, KRW 5.45% per annum from March 21, 2016 to April 26, 2016.
1. Presumed facts
A. On March 28, 200, the Plaintiff completed the marriage report at D and New York viewing, and after returning to Korea, on December 15, 2007, the Plaintiff got married from E E in the Republic of Korea on December 15, 2007.
B. On February 18, 2010, the Plaintiff and D lent KRW 330 million to Defendant B with interest at KRW 2 million per month; thereafter, the interest was changed to KRW 1.5 million per month; and the interest was paid from Defendant B to February 2016.
C. On July 16, 2013, D loaned KRW 30 million to Defendant C by setting the monthly amount of KRW 30 million, and Defendant C was paid interest from February 2015.
D died on November 6, 2015, and the Plaintiff reported the death of D on November 12, 2015 and completed the marriage report.
E. The plaintiff is the only heir of D.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 12 (including virtual number), Eul evidence 1, the purport of the whole pleadings
2. Determination
A. According to the above premise, the plaintiff has both the status as a lessee to the defendant B and the only heir status as a lessee to the defendants. Thus, the defendants are deemed to have the duty to pay each of the above loans to the plaintiff.
Therefore, as the Plaintiff seeks, Defendant B is obligated to pay interest or delay damages calculated at the rate of 5.45% per annum from March 21, 2016 to April 26, 2016, which is the delivery date of the complaint, and 15% per annum from the next day to the day of full payment. Defendant C is obligated to pay interest or delay damages calculated at the rate of 12% per annum from March 18, 2015 to April 25, 2016, which is the delivery date of the complaint, as the Plaintiff seeks. Defendant C is obligated to pay interest or delay damages calculated at the rate of 15% per annum from the next day to the day of full payment.
B. The Defendants’ assertion and determination are invalid since the marriage between the Plaintiff and D is invalid.