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(영문) 서울중앙지방법원 2017.03.17 2016가합506996
대여금
Text

1. Defendant B and C shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from August 1, 2006 to the day of full payment.

Reasons

1. Basic facts

A. On April 1, 2006, the Plaintiff lent KRW 200 million to Defendant B, and the repayment period between the said Defendant and the Defendant is set as July 31, 2006. The interest shall be paid at the end of April 2006 and KRW 4.8 million on the last day of each month. If the principal is delayed, the Plaintiff agreed to receive damages for delay calculated at the rate of 25% per annum with respect to the principal, and the Defendant C jointly and severally guaranteed the said obligation against the Plaintiff.

B. On May 7, 1998, the deceased F, the father of the defendant B (hereinafter “the deceased”) drafted a notarial deed stating that the real estate of this case, which is his own possession, is testamentary gift to the above defendant (hereinafter “instant testamentary gift”).

C. However, upon the deceased’s death around April 4, 2015, G, the creditor of the Defendant B, made the final judgment on September 4, 2015 against the above Defendant, etc. as the cause of subrogation, the Seoul Central District Court 2009Kadan148661 decided on September 4, 2015, and completed the registration of transfer of the instant share transfer from the deceased’s respective 1/4 shares in the name of Defendant B, D, E, and H.

On the other hand, Defendant B submitted a written reply to the effect that he renounces the testamentary gift of this case to this court, around September 7, 2016, during the proceeding of the instant lawsuit, and the written reply was served on Plaintiff on the 9th day of the same month, and even at the third and fourth date of pleading of the instant case, Defendant B continued to give up the testamentary gift of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3, substantial facts in this court, the purport of the whole pleadings

2. According to the above basic facts as to the claim against Defendant B and C, Defendant C, a principal debtor, and joint and several sureties, are jointly and severally liable to pay to the Plaintiff, a creditor, the amount of KRW 200 million borrowed and the delay damages calculated at the rate of 25% per annum from August 1, 2006 to the day following the due date of repayment.

3. Determination as to the claim against Defendant D and E

A. The plaintiff's primary claim is a summary of the plaintiff's primary claim.

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