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(영문) 광주지방법원목포지원 2016.05.10 2015가단10620
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,000 and KRW 85 million from October 16, 2015 to May 10, 2016.

Reasons

1. Determination as to the cause of claim

A. There is no dispute between the parties to the facts of recognition, or according to Gap evidence No. 1 (the name of the network D, which is recognized as the completion of the network D by the result of the completion appraisal by appraiser C, the authenticity of the entire document is presumed to have been established), Gap evidence No. 2-1, 2, and Gap evidence No. 3, and the purport of the whole pleadings, the following facts are acknowledged:

1) The Plaintiff is the deceased D (hereinafter “the deceased”).

(C) 20 million won on May 27, 2013 (hereinafter “loan 1”) shall be extended to the Company (hereinafter “Loan 1”).

(2) On May 28, 2013, KRW 60 million (hereinafter “loan 2”)

) On October 8, 2015, KRW 500,000 (hereinafter “loan 3”)

(2) On October 8, 2015, the Deceased lent a letter of performance that “The Plaintiff, including the amount of KRW 80,000,000,000,000 as interest, was decided to repay on May 30, 2014, and failed to repay the loan, and the third loan was borrowed, and thus, the Deceased promised to receive insurance proceeds on October 15, 2015 and pay KRW 11,00,000,000,000 (hereinafter “written performance”).” (hereinafter “written performance”).

3 The Deceased died on October 10, 2015, and the Defendant is the sole heir of the Deceased.

B. According to the facts acknowledged as above, the Defendant, the inheritor of the deceased, is obligated to pay to the Plaintiff statutory delay damages calculated by applying each ratio of 15% per annum under the Civil Act from October 16, 2015 to May 10, 2016, which appears to be reasonable in dispute as to the existence or scope of the Defendant’s performance obligation, with respect to KRW 1.1 million and the total loans of KRW 1,2,300,000 among the loans of KRW 1,50,000,000,000,000,000,000,000 from the date following the due date under the instant performance letter of performance to the date of full payment.

C. The Plaintiff may seek damages for delay calculated at the rate of 15% per annum from October 16, 2015 to the sentencing date of the instant case with respect to loans Nos. 1, 2, and 3.

However, Article 3.

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