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(영문) 창원지방법원진주지원 2015.04.01 2014가단9355

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 123,879,123 among the Plaintiff and KRW 30,000,000 from September 1, 2014 to the day of full payment.

Reasons

According to the contents and the purport of Gap evidence Nos. 1 through 3, the plaintiff lent 30 million won to Eul on June 23, 1998 at an interest rate of 1.7% per month. At that time, D has jointly and severally guaranteed D's loan obligations. The plaintiff filed a lawsuit against D to seek the above joint and several debt obligations under the Changwon District Court Jinju Branch Branch 2004Kadan8728. On August 27, 2004, the above court sentenced "D shall pay to the plaintiff 30 million won and its interest rate of 20.4% per annum from April 30, 1999 to the date of full payment."

9. 25. The fact that the above judgment became final and conclusive, and D’s children died on February 15, 2014, and D’s renunciation of inheritance of D’s property, and the Defendant solely inherited D’s property.

Therefore, barring any special circumstance to the Plaintiff, the Defendant is obligated to pay damages for delay calculated at the rate of 20.4% per annum from September 1, 2014 to August 31, 2014 (=30 million won x 20.4% x (5,603 days/365 days) x less than KRW 93,879,123 won for the Plaintiff’s total of KRW 123,879,123 won and KRW 30 million among them) from April 30, 199 to August 31, 2014.

[Defendant asserts to the effect that the signature, unmanned, etc. of D on the loan certificate (Evidence A 3) written between the Plaintiff and D was forged after the closure of pleadings, but there is no evidence to acknowledge it. The Plaintiff’s claim is accepted for reasons.