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(영문) 서울동부지방법원 2018.12.19 2018가단4438
대여금
Text

1. The Defendant: KRW 7,438,461 to the Plaintiff (Appointed Party); KRW 11,157,695 to the Selection C; KRW 7,438,461 to the Selection D; and

Reasons

Comprehensively taking account of the facts that the Defendant did not clearly dispute and the purport of the entire argument in Gap evidence No. 1, H loaned KRW 50,000,000 to the Defendant, and H died on June 17, 2017, and the Appointor C (EM 3/13)’s spouse, the Plaintiff (Appointed Party) and the remaining designated parties (hereinafter both the designated parties and the designated parties (hereinafter “Plaintiff”) may recognize the fact that H was the inheritor of the deceased’s children (Article 2/13 of the inheritance).

Therefore, the Defendant is obligated to pay to the Plaintiffs the remainder of 48,350,000 won calculated by dividing the remainder of 1,650,000 won by inheritance shares, namely, Plaintiff C 11,157,695 won, the remainder of Plaintiffs 7,438,461 won, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 29, 2018 to the date of full payment, after the duplicate of the instant complaint was served on the Defendant.

The plaintiff filed a claim for damages for delay calculated at the rate of 24% per annum from October 27, 2017 to 20% of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, but the damages for delay under the above Special Cases shall be applied from the day after the complaint was served, and the statutory interest rate currently applicable is 15% per annum, and

The plaintiffs' claims, excluding the initial date of calculation and statutory interest rate, are all accepted.

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