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(영문) 창원지방법원마산지원 2017.11.29 2017가단104067
대여금
Text

1. The Plaintiff:

A. Defendant B shall be 30,180,000 won and the interest rate of 15% per annum from August 15, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 9, 2013, KRW 50,300,00 was transferred from the Daegu Bank’s deposit account under the Plaintiff’s name to the deposit account in the name of Nonparty D’s bank.

B. On June 21, 2017, D died after having left the Defendant C, who is her husband, as a bereaved family member.

[Grounds for Recognition as to Defendant B] The fact that there is no dispute, the entries in Gap evidence 1 through 4, and the purport of the whole pleadings

2. According to the facts of the judgment as to the Plaintiff’s claim and the statement in Gap evidence No. 5, D can be acknowledged through Nonparty E, who actually operated the Plaintiff Company at the time of his/her fault on September 9, 2013, borrowed KRW 50,300,000 from the Plaintiff through Nonparty E.

Therefore, Defendant B, who is the co-inheritors of D, is obligated to pay to the Plaintiff 30,180,000 won (50,300,000 won x 3/5) and damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 15, 2017 to the day of full payment, which is obvious from August 15, 2017 to the day following the delivery of a copy of the complaint of this case, and to pay damages for delay at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 15, 2017 to the day of full payment.

3. If so, the plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by citing all of the claims.

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