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Reasons
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(영문) 광주지방법원 2018.10.12 2018가단506778
대여금
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1. The Defendant’s respective KRW 23,33,30 to the Plaintiffs, respectively, and 14.4% per annum from June 1, 2017 to August 6, 2018.

Reasons

1. Basic facts

A. On August 21, 2014, the deceased E (hereinafter “the deceased”) lent KRW 20,000,000 to the Defendant with interest, and received reimbursement on April 20, 2015.

B. On June 15, 2015, the deceased found KRW 40,000,00 as a cashier’s checks and delivered them to the Defendant’s wife F, and the Defendant paid KRW 500,000 to the Deceased’s policeman during each month from July 13, 2015 to August 17, 2016, the deceased paid KRW 50,000 to the Deceased’s Officer during each month (from December 14, 2015 to August 17, 2016, KRW 50,000 without exception).

C. Meanwhile, on February 26, 2016, the Deceased remitted KRW 20,000 to the Defendant, and the Defendant paid KRW 300,000 to the Deceased at the end of each month from March 26, 2016, and thereafter, paid KRW 20,070,000 to the Deceased on September 2, 2016, the Deceased paid KRW 300,000 to the Deceased.

The Deceased remitted KRW 60,00,000 to the Defendant on September 28, 2016, and KRW 10,000,000 on September 29, 2016, and the Defendant paid KRW 840,000,00 per month, calculated at the end of each month from October 26, 2016 to May 29, 2017, the Defendant paid KRW 840,00, which is an amount calculated at the rate of 1.2% per month with respect to the above borrowed loan, and did not pay it after June 1, 2017.

E. The Deceased died on May 29, 2017, and his heir was his/her child.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-1-4, Gap evidence 6-6, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant respectively borrowed KRW 40,000,000 from the Deceased on June 15, 2015, and KRW 20,000,00 on February 26, 2016, and thereafter borrowed from the Deceased on the same year.

9.2. The reimbursement has been made and has been made for the same year.

9. 28.60,000,000 won on the 29.10,000 won on the 29.10,000,000 won on the 1.2% per month on the 28.

As to this, the defendant was in the place between the deceased and the defendant couple, and 40,000 delivered by the deceased on June 15, 2015.

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