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(영문) 서울남부지방법원 2016.01.08 2014가합3260

대여금 등

Text

1. The defendant,

A. As to Plaintiff A’s KRW 55,714,285, Plaintiff B, and C, respectively, KRW 37,142,857 and each of the said money. < Amended by Presidential Decree No. 25489, Jul. 7, 2014>

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) was to lend KRW 130 million to the Defendant, who had a representative director of G Co., Ltd., the “the expenses for the completion inspection of the building site development project located in Busan-gu H Location,” as the “the expenses for the completion inspection of the construction project of the building site located in Busan-gu H site.”

On April 24, 2012, the Deceased transferred KRW 130 million to K’s account, which was in charge of the accounting of corporation G under his/her name, his/her name, his/her parent, at the request of I as a bond manager.

After that, the Deceased shall have the same damage.

9.24. 24. I remitted the principal and interest of KRW 133,90,000 to I.

As the deceased’s property inheritor, there are Plaintiffs A, A, and C, who are their spouse.

B. On August 10, 201, Plaintiff D, upon the Defendant’s request, lent KRW 100 million to the Deceased at the rate of 1% per month, and the Defendant guaranteed the performance of the said loan obligations at the time.

The defendant paid interest by November 9, 2012, but thereafter, the deceased and the defendant did not pay the principal and interest.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 4, 7, and 8, the witness K's testimony, the party's personal examination result against plaintiff Eul, the purport of the whole pleadings

2. According to the above facts of determination, the defendant claimed damages for delay calculated at the rate of 5,714,285 won (130,000,000 won x 3/7), the plaintiff Eul, and C respectively (130,000,000 won x 2/7) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 11, 2014 to the day of complete payment (the above plaintiffs claimed damages for delay calculated at the rate of 5% per annum from April 24, 2012, which is the date of lending money of the deceased to the day of delivery of a copy of the complaint of this case, to the plaintiff and the defendant, but since there is no evidence to acknowledge that there was an interest agreement between the plaintiff and the defendant, this part of the plaintiff's claim is rejected as to the plaintiff's damages for delay from 10,214 to 100 million won per annum.