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(영문) 전주지방법원 2016.07.14 2015가단28205
대여금
Text

1. The Plaintiff:

A. Defendant B shall have full payment of KRW 35,500,000 and KRW 31,833,33 among them from January 7, 2016.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff loaned F the sum of KRW 95,50,000,00 to F on March 3, 2004, KRW 10,000,000 on October 5, 2004, KRW 10,000 on October 6, 2004, KRW 27,50,000 on October 7, 2004, KRW 95,50,000 on October 7, 2004, KRW 27,50,000, KRW F succeeded to the Defendant B, Defendant C, D, and E, who is its wife’s child, after the death on October 2013, and the inheritance shares were succeeded to Defendant B3/9, and the remainder of the Defendants, respectively, there is no dispute between the parties.

In addition, comprehensively taking account of the respective descriptions and arguments in the evidence Nos. 4-1, 2, and 5-2, as well as the overall purport of the evidence No. 4-1, 5-2, and 5, F may be recognized that it paid interest of KRW 1,250,000 per month from October 15, 2004 to September 15, 2006, while it paid interest of KRW 500,00 per month from October 10 to October 8, 2013.

B. Accordingly, determination is based on the Plaintiff’s obligation to pay 106,50,000 won (i.e., interest 11,00,000,000 accrued during the 22-month period from October 11, 2013 to August 10, 2015; ① Defendant B is 35,50,000 won (i.e., 106,50,000 x 3/9) x 31,83,3333 won (i.e., principal 95,5,500,000 x 3/9,000 x less than KRW 3/9,000; hereinafter the same shall apply) x (i.e., 206, 209, 206, 205, 206, 206, 205, 206, 206, 206, 205, 2626, 2665, etc. of the Defendants’ annual damages (i.

2. Judgment on the defendants' assertion

A. The Defendants asserted that there was no separate interest agreement between the Plaintiff and F, and thus, F remitted to the Plaintiff by the Plaintiff from October 15, 2004 to October 8, 2013, the remainder of KRW 50,177,145, excluding KRW 12,572,855, out of the total amount remitted by F to the Plaintiff from October 15, 2004 to October 8, 2013.

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