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(영문) 인천지방법원 2019.09.06 2019가합87
대여금
Text

1. As to the Plaintiff’s 279,100,000 won and 200,000,000 won jointly and severally between the Defendant (Appointed Party) and the Appointed C.

Reasons

1. Loan (Evidence) 12014-08-18-18,000, 2000 2015-09-12, 1.5% 1,500, 500, 2000, 2014-09-12, 2000, 305-12 (Evidence 1-1) 32015-04-20, 205-12 (Evidence 1-205), 3015-29, 200-10, 305-12 (Evidence 1-20, 300, 200-10, 305-12 (Evidence 1-20, 300-1, 205-10, 305-10, 205-14, 201-30-12, 305-12, 2004-10

A. D loaned KRW 200,000,000 in total to Defendant and Selected C (hereinafter “Defendant et al.”) (hereinafter “instant loan”) as follows (hereinafter “instant loan”). As to the said loan, Defendant et al. received a loan certificate from Defendant et al. on each of the following dates.

B. On December 7, 2016 and February 15, 2017, the Defendant paid KRW 3,150,000, respectively, to D equivalent to the interest on the instant loan.

C. Around September 20, 2017, D requested the Defendant, etc. to pay the instant loans and the agreed interest, and the Defendant, etc. promised to repay it by the end of September 2017.

Since then D’s death on October 18, 2017 (hereinafter “the deceased”) succeeded to the deceased’s property, the Plaintiff, E, F, and G, a spouse, who is the deceased’s heir. On December 31, 2018, an agreement on the share of inheritance was reached between the above inheritors to solely inherit the instant loan claims.

E. Meanwhile, on December 12, 2018, the Plaintiff paid KRW 200,00,000 for the instant loan to the Defendant, etc. and KRW 79,100,000 for accrued interest [28,70,000 for the unpaid interest up to August 2017 (28,700,000 for the amount of KRW 3,150,000 for each of 16 months from September 2017 to December 2018)], total of KRW 279,10,000 for the Plaintiff, a sole heir of the Deceased, until December 31, 2018.

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