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(영문) 서울중앙지방법원 2015.11.20 2014가합590898
대여금
Text

1. The Defendants: 31,251,644 won, Plaintiff B, C, D, and E respectively; 20,834,429 won, and Plaintiff G 12,50,657 won.

Reasons

1. Basic facts

A. The deceased on March 30, 201 (hereinafter “the deceased”) died. At that time, the deceased’s heir was the Plaintiff F, B, C, F, D, E, and Defendant I, the spouse of the deceased. Defendant J is the spouse of Defendant I, and Defendant J was the deceased on January 8, 2015, and there was Plaintiff G, the spouse of the deceased, and Plaintiff H, the heir of the deceased on January 8, 2015.

B. On April 16, 2010, the Deceased paid KRW 60 million to the Defendants, KRW 98,672,465, and KRW 60 million to Defendant J on June 3, 2010, respectively.

Meanwhile, from June 30, 2010 to April 30, 2011, Defendant J paid the Plaintiff KRW 10,400,000 as follows.

The amount paid by the sequence 1 on June 30, 2010 1, 200, 200 2. 1,000 on July 31, 2010 31, 2000, 3000 4. 1,000,000 on September 30, 2010 1,000, 500 on September 30, 2010 5, 1,000 on October 30, 200 6, 200 on June 30, 200, 1,000 on July 31, 200, 200, 1,000 on July 31, 200, 200, 1,000 on the aggregate of the pleadings No. 133038, Oct. 31, 201; 1, 2010

2. The parties' assertion and judgment

A. The plaintiffs asserted 1) on April 16, 2010, the deceased lent KRW 98,672,465 to the Defendants without fixing the due date for reimbursement. On June 3, 2010, the deceased leased KRW 1 million to the Defendants on April 16, 201 without setting the due date for reimbursement and interest. Accordingly, the Defendants are liable to pay the Defendants’ principal and interest of KRW 204,369,239 as of December 19, 2014 (= Principal KRW 98,672,465 as principal and interest KRW 60 million as of April 16, 2010 to December 19, 2014, KRW 5,000,000 as interest rate of KRW 567,465 as of June 16, 201 to December 19, 2014 to KRW 206,7416,7467,2757.16).

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