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(영문) 서울중앙지방법원 2014.11.27 2014가단37338

대여금

Text

1. The Plaintiff:

(a) Defendant A, B, C, D, and E respectively KRW 25,681,86 and their respective amount of KRW 4,400,000.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 6 (including the number of branch numbers), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

The Plaintiff made a loan to J as set forth in the following [Attachment 1]. The J lost its interest due to overdue interest, etc., and as of February 4, 2014 and March 11, 2014, the details of the obligation to pay the principal and interest of the loan as of March 11, 2014 are as shown in [Attachment 2].

[Attachment 1] A loan of 1 KB loans of 30,80 million won on November 23, 2027, 2007, at the expiration date of the loan of 1 KB loans of 30,000 won on November 23, 2007, KRW 59,80,000 on November 23, 2007, KRW 39,440,00 won on December 23, 2027, KRW 636,763,07,00 on November 23, 2007 [Attachment 2] The loan balance agreement of 176,080 won on December 23, 2007, KRW 176,426,19,674,6777,501,500 won on December 23, 2007, KRW 207, KRW 7084,675,700,000 won on interest rate of 7.

B. On March 31, 2009, J died with the Defendants’ heir and died. The Defendants’ inheritance shares and the amount of specific obligations therefrom are as shown in the attached Table of Debt Statement.

C. Meanwhile, on October 7, 2014, Defendant F applied for qualified acceptance with respect to inheritance from J, and was tried on October 7, 2014 by the said court to accept the said application.

(2) According to the facts of the above determination as to the cause of the claim on February 2, 2014, the Defendants, who inherited the obligation to pay the principal and interest of loan to the Plaintiff by the deceased J, are obligated to pay the Plaintiff the corresponding amount of money by each Defendant as stated in the attached Table of Debt Statement and damages for delay as to the Plaintiff (only to the extent of the property inherited by the deceased J).

3. In conclusion, all of the plaintiff's claim of this case is justified, except for the dismissal of part of the claim against the defendant F.