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(영문) 창원지방법원 2019.05.02 2018나2237
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On April 1, 2010, the deceased C (hereinafter “the deceased”) determined on December 6, 2010 as the due date for reimbursement of KRW 15 million (hereinafter “instant loan”) to the Defendant on May 30, 2010.

B. The deceased’s heir is the deceased’s wife D, E, and F.

The Plaintiff inherited the loan claim of this case solely according to the share of inheritance by agreement.

[Ground of recognition] Facts without dispute, Gap 2, 3, 6, Gap 7-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff, who inherited the Plaintiff’s claim for the instant loan amounting to KRW 15 million and delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 28, 2017 to the date of full payment, which is the following day after the copy of the complaint in this case was served on the Defendant.

B. On September 201, 2014, the Defendant’s judgment on the Defendant’s assertion was made on or around October 10, 2014, and the Defendant could not know the year of repayment in the first instance court, but the time of repayment was set as above.

On August 13, 2010, each of the above statements asserted that the Defendant, at the time of borrowing, paid KRW 17 million in cash to the Deceased, and repaid KRW 2 million in additional loan and KRW 2 million in additional loan. Each of the above statements asserted that the Defendant was returned to the Defendant on August 13, 2010, which was written by the Defendant, stated that the total amount of the loan was KRW 20 million ( KRW 5 million in the case where the Deceased additionally appropriated the amount of the debt that was set forth in the provisional registration on the real estate, five million in the repair cost if the amount was additionally appropriated by the Deceased). Accordingly, the Defendant stated the loan amount as above because the first time of the loan was KRW 5 million in additional loan by the Deceased. However, the amount actually loaned by the Deceased was only KRW 2 million in additional loan (Preparation of additional loan No. 2) and the final loan amount is KRW 17 million in the final loan amount.

B. On September 6, 2010, the loan certificate (No. 2) as of September 6, 201

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