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(영문) 서울고등법원 2017.06.13 2016나2044057
대여금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a woman of the deceased C (hereinafter “the deceased”), and the Defendant is the wife of the deceased.

B. On April 20, 2005, the Plaintiff granted KRW 400 million to the Deceased’s savings account under his husband’s name, including remitting KRW 100 million, KRW 100 million on June 14, 2005, and KRW 200 million on June 27, 2005 (hereinafter “the instant money”).

C. On December 30, 2006, the Deceased paid KRW 20 million to the Plaintiff, KRW 10 million on July 31, 2007, and KRW 30 million on December 5, 2007, respectively, and the Defendant paid KRW 200 million on February 27, 2013.

On April 12, 2015, the deceased died on April 12, 2015, and as co-inheritors of the deceased, D, the wife of the Defendant and his children.

E. On July 8, 2015, D reported the renunciation of inheritance under the Ansan District Court Branch 2015Hun-Ma578, 2015, and was tried on August 4, 2015 by the said court to accept the said report.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, 11 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 of the parties agreed to receive interest without setting the maturity or specific interest rate between the deceased and the deceased, and lent the instant money to the deceased.

Therefore, the Deceased is obligated to pay to the Plaintiff interest at the rate of 5% per annum, which is a civil interest rate, from the date of payment of the instant money, and not so.

Even if the plaintiff and his/her child, notified the plaintiff or the defendant to return the money of this case within a reasonable period of time on several occasions, and the maturity of the money of this case arrives at least before January 15, 2013, and thus, the defendant is liable to pay damages for delay from that time.

Meanwhile, the Deceased and the Defendant repaid KRW 260 million to the Plaintiff. The KRW 60 million repaid by the Deceased from December 30, 2006 to December 5, 2007 is until that time according to the method of statutory appropriation of performance.

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