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(영문) 대구지방법원 2017.05.30 2016가단39733
대여금
Text

1. The Defendant: (a) within the scope of the property inherited from the deceased B to the Plaintiff; (b) KRW 85 million; and (c) November 22, 2016.

Reasons

No dispute between the parties, or comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including branch numbers if there are serial numbers), and the purport of the entire pleadings, the plaintiff leased the deceased B (hereinafter "the deceased") with a total of 85 million won over 16 times during the period from November 11, 2013 to April 14, 2015, and the deceased died on January 6, 2017. The qualified acceptance of the Daegu Family Court No. 2017Ra642 applied by the defendant among the inheritors was made on April 18, 2017, and as such, the defendant can be recognized to have accepted the deceased's obligation to pay the deceased's delayed payment calculated on April 4, 2017 from the Daegu Family Court that applied by the defendant to the deceased to the deceased to the extent that the deceased's property was inherited to the plaintiff within 2015% of the total amount borrowed from 2015.

Meanwhile, the Plaintiff also sought damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from May 8, 2014 to the service date of the original copy of each payment order from April 14, 2015 to the service date of the original copy of each payment order with respect to KRW 50,000,000,000 among the above loans 85,000,000,000 from November 11, 2013, and for KRW 20,000 from May 8, 2014 to KRW 15,00,000 from the above loans. However, in full view of the evidence and the purport of all the arguments mentioned above, it is recognized that each loan certificate does not contain any indication about interest or maturity, and even according to the Plaintiff’s assertion, it is difficult to accept the part of the Plaintiff’s claim for damages for delay calculated at the rate prescribed in the Civil Act

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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