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(영문) 춘천지방법원 2016.11.10 2016가단53735
양수금
Text

1. The Plaintiff:

(a) Selection E shall be from August 2, 2016, for gold 20,50,360 won and gold 11,052,630 won among them.

Reasons

1. The following facts are acknowledged as having no dispute between the plaintiff and the defendant Eul, and there is no dispute between the plaintiff and the defendant Eul, or between the plaintiff and the defendant Eul (the appointed party, hereinafter "the defendant"), Gap evidence 1, Eul evidence 3, Gap evidence 4-1 through 9, Gap evidence 6, Gap evidence 7, Eul evidence 3-1 and Eul evidence 3-2, Eul evidence 1-1 to 4, Eul evidence 1-4, Eul evidence 1-4, Eul evidence 2, Eul evidence 5, Eul evidence 6, Eul evidence 7, Eul evidence 1-1 and 4, and Eul evidence 1-1 to 4, and the whole purport of the arguments in the testimony of the witness, and there is no other counter-proof.

On June 4, 2009, Nonparty He borrowed gold KRW 70,000,00 from Nonparty I, but determined the interest rate of KRW 1% per month and the due date of payment by June 30, 2012.

(hereinafter “the instant loan”). B.

On June 5, 2013, the Plaintiff received the instant loan claim against Nonparty I with Nonparty I.

C. Nonparty H died on February 7, 2014, and became his/her spouse E, Defendant B, D, Selection, F, G, J, K, and L respectively.

On February 26, 2016, Nonparty I notified Nonparty I of the assignment of claims to Nonparty He’s heir, and at that time, the notification of the said assignment of claims was reached.

2. Determination

A. According to the facts of the determination as to the Plaintiff’s assertion, the Defendants and the designated parties, who are the successors of Nonparty He, the debtor of the instant loan obligation, are obligated to pay the principal and interest of the instant loan obligation to the Plaintiff, the assignee of the instant loan obligation, according to their respective inheritance shares.

With respect to the amount of the obligations owed by the Defendants and the designated parties, interest for the loans of this case by July 18, 2016 is KRW 59,835,616 ( KRW 70,000,000 X 0.12 X X 70,000,000 KRW X X 0.12 X 45/365,00 hereinafter the same shall apply). The principal and interest for the loans of this case is KRW 129,835,616.

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