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(영문) 서울북부지방법원 2017.05.16 2015가단111256
대여금
Text

1. As to the Plaintiff’s KRW 65,00,000 and KRW 15,000 among them, Defendant B’s year from September 8, 2006 to February 16, 2017.

Reasons

1. According to the evidence No. 2-2 and No. 3 of the claim against Defendant B, the Plaintiff lent the Defendant the payment period of KRW 10 million on June 28, 2006 to September 7, 2006, and the Plaintiff borrowed the Defendant with the full payment period of KRW 50 million on September 26, 2007.

The plaintiff is claiming damages for delay from the date of lease to 50 million won, but only the statement that he/she has repaid his/her best as soon as possible is insufficient to recognize that the deadline for performance of obligation has arrived from the date of loan.

Therefore, Defendant B is obligated to pay to the Plaintiff 65 million won and 15 million won, 5% per annum from September 8, 2006 to February 16, 2017; 15% per annum from the following day to the date of full payment; and 50 million won per annum from February 17, 2017 to May 16, 2017 to the date of full payment; and 5% per annum from the following day to the date of full payment.

2. Claim against Defendant Appointed Party C

A. According to Gap evidence Nos. 1-1 and 2, the plaintiff loaned 6 million won to the deceased D on September 28, 2005 with the due date set on December 30, 2005, and lent 5 million won on November 5, 2005.

B. The plaintiff alleged that he lent the net D with a loan of KRW 95 million on March 24, 2006, and KRW 10 million on November 13, 2006. However, each of the items in subparagraphs 1-3 and 4 of the evidence No. 1-3 and the fact that the plaintiff promised to compensate for damages in the event of loss in connection with the purchase and sale of shares is not sufficient to recognize that the plaintiff lent the above facts and evidence No. 3 alone, and there is no other evidence to prove otherwise.

C. The Defendant’s appointed party asserted that the inheritance limited approval was obtained, and thus, according to each of the evidence Nos. 3 through 6, the Defendant’s appointed party succeeded to the above obligation with the shares of 3/7, Selection E, and F, respectively, 2/7 as the network D died on July 11, 2009. The Seoul Family Court Decision 2015 saw 9101 inherited the said obligation.

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