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(영문) 광주지방법원 2018.01.16 2017가단502236
대여금
Text

1. The Plaintiff:

A. The defendant limited liability company A shall be KRW 45,968,874 and its payment from December 2, 201 to the date of complete payment.

Reasons

1. Basic facts

A. On May 7, 2010, the Plaintiff entered into a lease agreement with C and the Plaintiff’s owner on the ASEAN8 vehicle (hereinafter “instant lease agreement”), and the Defendant Limited Company A (hereinafter “Defendant A”) and the network H jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff under the instant lease agreement.

B. The instant lease agreement was terminated on December 1, 201 as the overdue interest rate. As of December 1, 2011, the settlement amount following the termination of the contract is KRW 45,968,874, and the agreed interest rate on delay under the instant lease agreement is 24% per annum.

C. On December 24, 2014, the deceased Defendant C (Inheritance 3/11), Defendant D, E, F, and G (each inheritance share 2/11), who is his/her child, was subject to a qualified acceptance trial on inheritance from the deceased H as of June 29, 2017, by the Jeonju District Court 2017Ra591.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, Defendant A is obligated to pay damages for delay calculated at the rate of 24% per annum, which is the agreed delay damages, from December 2, 2011 to the date following the above base date, to the date of full payment, to the Plaintiff. The remainder Defendants are jointly and severally with Defendant A, within the scope of property inherited from the network H, and the amount of the above settlement amount is KRW 12,536,966 (=4,968,874 x 3/11, and less than KRW 3/11,00; hereinafter the same shall apply) as to Defendant D, E, F, and G 8,357,977 won (=45,968,874 x 2/11) and damages for delay calculated at the rate of 24% per annum from December 24, 2011 to the date of full payment.

3. In conclusion, the Plaintiff’s claim against the Defendants is reasonable, and thus, the Plaintiff’s claim is accepted. In light of the circumstances of the lawsuit, the litigation costs incurred between the Plaintiff, Defendant C, D, E, F, and G are borne respectively. It is so decided as per Disposition.

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