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(영문) 대구지방법원 2019.11.15 2019가단132183

대여금

Text

1. The Plaintiff:

A. As to KRW 68,264,725 and KRW 68,097,579 among them, Defendant B Co., Ltd. from August 2, 2019 to September 2, 2019

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

(However, Defendant C, as the heir of the network D, filed a qualified acceptance report in the inheritance of the property of the network D, and thus, sought payment within the scope of the property inherited from Nonparty D).

2. According to each of the evidence Nos. 1 through 4 (including paper numbers) in the board A, the facts alleged by the Plaintiff can be recognized.

Therefore, Defendant B shall pay to the Plaintiff 68,264,725 won and 68,097,579 won among them, 68,097,579 won per annum as stipulated in the Commercial Act from August 2, 2019 to September 5, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment. Defendant C shall pay to Nonparty D 1 68,264,725 won and 68,097,579 won within the scope of the property inherited from Nonparty D, with the annual interest of 6% as stipulated in the Commercial Act from August 2, 2019 to September 5, 2019, which is the date of delivery of a copy of the complaint of this case, within the limit of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, within the limit of 800 won.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.