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(영문) 서울중앙지방법원 2020.01.09 2019가단5162265
대여금 등
Text

1. The Plaintiff:

A. Defendant B, as to KRW 1,030,958,889 and KRW 289,843,308 among the Plaintiff, Defendant B, as to November 2018.

Reasons

1. Facts of recognition;

A. On October 28, 2003, the Plaintiff filed an application with Defendant Company B (hereinafter “Defendant Company”) for a payment order of loans under the court’s 2009 tea1750 on the ground that the Plaintiff extended a loan of KRW 1 billion to Defendant Company B (hereinafter “instant loan”). On January 20, 209, the court applied for a payment order of loans under the court’s 289,984,319 won of the instant loan and the principal amount of KRW 289,926,639 from April 29 to the date of full payment (hereinafter “instant loan”). From April 29, 2004, E and F jointly and severally applied for a payment order of loans under the 19% annual payment order, which is the overdue payment order, within the limit of KRW 130 million,0000,0000,0000,0000,0000 from the date of full payment (hereinafter “previous payment”).

B. As of November 13, 2018, the instant loan remains in total of KRW 1,030,958,889,843,308, interest or delay damages, and KRW 741,15,581, etc. as of November 13, 2018.

C. Meanwhile, upon the death of November 29, 2017, the Defendants C and D jointly inherited the property of E (i.e., their respective shares of inheritance). On February 8, 2018, the Defendants reported the qualified acceptance of the inheritance on March 5, 2018, as the Jeonju District Court 2018Ra140, the said declaration was accepted.

On January 8, 2019, the Plaintiff filed a lawsuit of this case against the Defendants (an application for payment order) on the following grounds: (a) 10 years of extinctive prescription period of the instant loan claim that was finalized upon the previous payment order; and (b) 2019.

With respect to debtor F, payment order(the court 2019.321) was finalized.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1, 2, and Eul 1, the fact that there is an obvious fact in this court, and the purport of the whole pleading

2. According to the above facts of determination, the Defendant Company’s foregoing reference date as to the Plaintiff’s remaining principal and interest of the instant loan as of November 13, 2018, and KRW 289,843,308, among the principal and interest of the instant loan, as of November 13, 2018.

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