(영문) 광주지방법원목포지원 2015.11.27 2015가단4854

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(영문) 광주지방법원목포지원 2015.11.27 2015가단4854

대여금

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1. The Plaintiff:

A. Defendant B’s KRW 80,000,000 as well as 30% per annum from April 5, 2007 to July 14, 2014.

Reasons

1. On April 5, 2007, the Plaintiff and the deceased (hereinafter “the deceased”) leased KRW 80 million to Defendant B and the deceased G (hereinafter “the deceased”) for the period of reimbursement of KRW 10,00,000 on June 5, 2007, and the interest rate of KRW 100,000 per month. Defendant B and the deceased jointly issued promissory notes worth KRW 50,000 in order to secure the above loan obligation to the Plaintiff on the same day. The Deceased died on March 8, 2015, and his bereaved family members died, and the deceased’s bereaved family members died on March 8, 2015, and died with Defendant C, Defendant E and the grandchildren’s children, Defendant F (H’s children and children, H were dead on October 8, 2003, H were reported as the deceased’s children, and Defendant EF and the deceased’s Family Court reported as the qualified acceptance of the Plaintiff and the deceased’s heir CD’s heir C and the deceased’s heir C were reported as 2515195.

There is no dispute between the plaintiff, defendant E, and F, and it can be recognized by comprehensively considering the respective descriptions of Gap evidence 1, Gap evidence 2-1, 2, and Eul evidence 1 through 4 and the whole purport of pleadings.

Therefore, in light of the fact that Defendant B and the deceased jointly issued a promissory note, Defendant B appears to be jointly and severally liable to the Plaintiff.

As the heir of the deceased who is jointly and severally liable for 80 million won, the defendant C, and D are 26,66,000 won (i.e., 80,000,000 won x 5/15,100,000 won x 1,000 won x 16,000 won (i.e., 80,000,000) within the scope of the property inherited from the deceased jointly and severally as the heir of the deceased, and the defendant F is jointly and severally liable for 16,00,000 won (i.e., 80,000,000 x 3/15) within the scope of the property inherited from the deceased, and the defendant F is jointly and severally liable for 10,66,000 won (=80,000,0000 x 2/15) within the scope of property inherited from the deceased, and each of them from April 15, 2007

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