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Reasons
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(영문) 서울동부지방법원 2019.03.21 2017가단121152
대여금
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1. The Plaintiff:

(a) (1) Defendant B and C are jointly and severally liable for KRW 1,000,000 and (2) Defendant B shall be 35,770,000, and

Reasons

1. Facts of recognition;

A. The deceased E (the deceased on November 30, 2016, hereinafter “the deceased”) is a person who lent money to the Defendants, Defendant B and C is a married couple, and Defendant D is a child of the said Defendants.

B. The Plaintiff is the deceased’s child, and the remaining inheritors except the Plaintiff renounced their inheritance.

C. On December 26, 2003, the Deceased lent KRW 10,000,00 to Defendant D on December 26, 2004 due date. On November 12, 2003, the Deceased lent KRW 18,000,00 to Defendant B on December 30, 204, the due date was determined and lent to Defendant B on December 30, 2004. The Defendant D guaranteed Defendant D on December 14, 2006, and lent KRW 1,00,000 to Defendant B on March 30, 207.

On January 13, 2008, Defendant B promised to pay KRW 50,000 per day to the deceased a total of KRW 27,270,000 (including Defendant D2,00,000) by January 13, 2008.

E. On October 28, 2008, the Deceased lent KRW 5,000,00 to Defendant B as of July 28, 2009. On December 20, 2012, the Deceased leased KRW 1,00,000 to Defendant B as of January 11, 2013. On March 8, 2016, the Deceased lent KRW 2,50,000 to Defendant B as of June 26, 2016; Defendant C lent KRW 1,00,00,000 to Defendant C as of July 26, 2016; Defendant C lent KRW 1,00,000 to Defendant C as of June 27, 2016; Defendant C loaned KRW 1,00,000 to Defendant C as of June 27, 2016; Defendant C as of June 16, 2016; Defendant C’s loan to Defendant C as of June 1, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the Defendants are obligated to pay the borrowed money and damages for delay payable to the Plaintiff, who is the inheritor of the Deceased.

B. As to this, Defendant B and C borrowed money from the deceased, and all of them over several occasions.

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