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(영문) 광주지방법원 순천지원 2021.01.20 2019가단72783
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From March 6, 2015, the Plaintiff transferred money from around March 6, 2015 to the deceased B (hereinafter “the Deceased”) or the Defendant C’s account as indicated in the “date of lease” in the separate sheet of appropriation for repayment.

B. From March 6, 2015, the Defendant remitted money to the Plaintiff from March 6, 2015 to the “date of change” as indicated in the attached sheet for appropriation for reimbursement, and repaid the borrowed money to the Plaintiff.

(c)

Around March 2, 2018, the Deceased agreed to settle the principal of the loan in KRW 70,000,000 and to pay the principal by May 30, 2018, the deceased entered the agreement in the deceased’s certificate of personal seal impression and delivered it to the Plaintiff.

(d)

Defendant C jointly and severally guaranteed the deceased’s obligation to the Plaintiff.

E. Defendant C, as the husband of the deceased, Defendant D, and E’s children, succeeded respectively to the deceased on December 31, 2019, on the death of the deceased.

[Reasons for Recognition] Facts without dispute, Gap 1 to 2, Eul 6 evidence, Eul 1 to 3 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. From March 2015, the Plaintiff asserted that money was paid to the Deceased several times, and the deceased did not pay that money properly.

Accordingly, on March 2, 2018, the Deceased agreed to settle the principal of the loan in KRW 70,000,000 and pay it until May 30, 2018.

Therefore, Defendant C and C, the inheritor of the deceased, are jointly and severally liable to pay the money indicated in the purport of the claim to the Plaintiff with Defendant C and C, the inheritor of the deceased.

B. The plaintiff alleged by the defendant lent a total of KRW 134,250,000 to the deceased as stated in the "total" column in the annexed sheet for appropriation for repayment, and the defendant repaid a total of KRW 186,40,000 to the plaintiff. If the plaintiff appropriated a total of KRW 25% per annum, which is the maximum statutory interest rate under the Interest Limitation Act, the plaintiff would rather pay KRW 30,330,000 from the deceased.

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