(영문) 부산지방법원 2017.04.20 2016나52729

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 부산지방법원 2017.04.20 2016나52729

대여금

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1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. The reasoning for the court’s explanation of the Plaintiff’s primary claim is as stated in the part of the judgment of the first instance except for the addition of evidence submitted by the Plaintiff as insufficient evidence, and thus, it is also acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment on the conjunctive claim added at the trial

A. Even if the parties to the instant contract were to be the Plaintiff and D, as the Defendant succeeded to D’s obligations due to the death of D, the Defendant is obligated to pay the Plaintiff the settlement amount of investment KRW 60 million and delay damages within the scope of the inheritance share.

B. We examine the judgment, D, on January 6, 2014, agreed to pay the Plaintiff KRW 60 million invested in excess of the Plaintiff with respect to the instant real estate, and D, on February 1, 2015, upon the death of the Plaintiff, the Defendant filed a report on the inheritance limit approval with the Busan Family Court on June 3, 2015 and received a judgment on the acceptance of the inheritance limit approval report from the above court on June 3, 2015. According to the evidence evidence No. 4, the Plaintiff and D set the delay damages rate of 12% per annum until the repayment is made.

(1) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, which is 15% per annum, from January 7, 2014, the day following the date of the formation of the instant agreement, to April 20, 2017, where it is deemed reasonable to dispute the existence and scope of the Defendant’s obligation to perform, within the scope of the inherited property inherited from the network D. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum, which is the delay damages rate per annum, and from the next day to the day of full payment.

3. In conclusion, the plaintiff's primary claim of this case shall be dismissed as it is without merit.

참조조문

-민사소송법 제420조

-소송촉진 등에 관한 특례법

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