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(영문) 서울중앙지방법원 2015.01.13 2014가단89469
대여금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. C on April 30, 2004, lent KRW 33,000,000 to the Defendant (hereinafter “instant loan”).

B. C died on April 19, 2013, and jointly succeeded to the instant loan claims by the designated parties D and the remaining designated parties, who are her husband and children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay 33,000,000 won and delay damages for the loan principal of this case to the plaintiff and the selected parties, unless there are special circumstances.

3. The defendant's assertion that all of the loans of this case were repaid. Accordingly, according to the purport of each of the above statements and arguments Nos. 1 and 2 as to Sep. 28, 2006, the defendant repaid to C 12,500,000 won out of the loans of this case. The defendant and C agreed to cover 7,500,000 won out of the loan principal of this case and the amount of unpaid interest up to 14,50,000 won up to 14,50,500,000 won out of the total amount of the loan principal of this case, and the amount of unpaid interest up to 105,000 won up to 16,000,000 won out of 30,000 won out of the loan principal of this case, 30,000 won out of the loan principal of this case, 300,000 won out of the loan principal of this case, 300,5000 won out of the loan principal of this case.

With respect to this, the Plaintiff extended KRW 35,00,000 to the Defendant’s husband, in addition to the instant loan, and the Defendant’s repayment details claimed are 35,00,000,000 that the Defendant lent to the Defendant’s husband. Thus, the instant loan still remains.

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