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(영문) 의정부지방법원 2020.02.06 2019나211424
대여금
Text

1. The plaintiff's appeal against the defendant (appointed party) and the appointed party is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 22, 2001, the Plaintiff filed a lawsuit against the netF seeking payment of KRW 5,000,000,000 for a promissory note issued on July 22, 1999, KRW 5,000,000 for loans, and KRW 10,000,000 for a total of 10,000,000 for delayed payment damages (Seoul District Court Decision 2001Da21906, Jun. 15, 2001). The Plaintiff and the netF agreed on the date of conciliation opened on November 15, 2001 and agreed on “the netF shall pay the Plaintiff the payment of KRW 10,00,000 for the payment by December 15, 201. If the repayment date is calculated on June 22, 199, the instant conciliation was established to the effect that the amount calculated by adding the annual rate of KRW 25% to the payment date (hereinafter referred to as “instant”).

B. The deceased on September 13, 2017, and the deceased on September 13, 2017, his heir has the Defendant (the deceased’s shares 3/9) and the designated parties (the deceased’s shares 2/9) who are his/her spouse.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4 (including virtual number; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the deceased F is obligated to pay the Plaintiff 10 million won with 25% interest per annum from December 16, 2001 to the day of full payment, according to the instant conciliation.

In addition, barring special circumstances, Defendant et al., the heir of the network F, succeeded to the net F’s above obligation according to inheritance shares. Thus, Defendant 3,33,33 won (=10,000,000 x 3/9,000 x less than won (hereinafter the same applies) to the Plaintiff.

[) The designated parties are obligated to pay 2,22,222 won (i.e. 10,000,000 won x 2/9) and each of the above amounts at the rate of 25% per annum as stipulated in the instant conciliation protocol from December 16, 2001 to the date of full payment.

B. Meanwhile, the Plaintiff divided the above principal amount of KRW 10,00,000 and the damages for delay calculated by the ratio of KRW 25% per annum from December 16, 2001 to October 15, 2017 when the original copy of the instant payment order was served on the Plaintiff from December 16, 201, and divided KRW 49,582,191 in total as inheritance shares, and divided KRW 16,52,191 against the Defendant.

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