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(영문) 부산지방법원 2019.07.23 2019가단6344

대여금

Text

1. The defendant shall within the scope of the property inherited from the deceased C, and KRW 117,518,329 and KRW 54,655 among the above money.

Reasons

In full view of the purport of the argument in Gap evidence Nos. 1, 17,518,329 and 54,655,826 won among the above money and 54,65,826 won a year from June 26, 2009 to the date of full payment, "the payment order was confirmed as of July 10, 2009" and C died on October 10, 2009 and filed a lawsuit against the heir on December 30, 2009, and the defendant filed a lawsuit against the plaintiff on December 14, 2010 with the District Court for the interruption of the debt payment order (the Changwon District Court 2009Da629, Jun. 29, 2009), and the plaintiff filed a lawsuit against the plaintiff on June 14, 2009 to revoke the extinctive prescription period, and each of the above claims was accepted on June 14, 2009 (the judgment of the court of first instance).

According to the above facts of recognition, the Defendant, the heir of the deceased C, is obligated to pay to the Defendant damages for delay calculated at the rate of 19% per annum from June 26, 2009 to the date of full payment with respect to KRW 117,518,329, and KRW 54,65,826, out of the net C’s debt based on the above payment order, and the above money, within the scope of the property inherited from the deceased C.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.