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Reasons
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(영문) 대구고등법원 2018.12.21 2018나21105
대여금
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1. The judgment of the court of first instance is modified as follows.

Defendant B Company 64,324,987 and this shall apply to the Plaintiff.

Reasons

1. Basic facts

A. The relationship D related to the party (hereinafter “the deceased”) died on April 19, 2014 while he/she served as the representative director of Defendant B Co., Ltd. (hereinafter “B”).

E (the legal portion of inheritance 3/13), F, F, H, G (each legal portion of inheritance 2/13), I and J (each legal portion of inheritance 1/13, and the two above are children of the deceased) jointly inherited the deceased's property.

Of the above inheritors, H is the representative director of Defendant B from before the death of the deceased to the present date, and is in office as the representative director of Defendant C Co., Ltd (hereinafter “C”).

After the death of the deceased, the deceased retired on March 31, 2015.

B. By June 1, 2006, the Deceased’s money lending to Defendant B lent KRW 24,186,426,631 to Defendant B (hereinafter “instant provisional deposit”). Defendant B entered the instant provisional deposit in the provisional deposit account at the time of accounting management.

On June 1, 2006, the deceased entered into a contract between Defendant B and Defendant B on June 1, 2007 with the deceased and with the content of paying interest (A evidence No. 8-1, hereinafter “the first repayment contract”). The main contents of the contract are as follows. The agreement between the deceased and the deceased on June 1, 2006 is as follows.

1. As of June 1, 2006, the Deceased holds 24,186,426,631 won (hereinafter “this case’s provisional collection”) against Defendant B.

The details of this case are as follows:

Amounting to 24,16,426,631 won by May 31, 2006, totaling 24,186,426,631 won by June 1, 2006

2. Defendant B wishes to pay interest to the Deceased on the household water.

Article 1 [Payment of Interest] 1.1 By entering into this Agreement, Defendant B shall pay interest at an annual rate of 5% on the proceeds of this Agreement from the date of this Agreement.

1.2The interest pursuant to Section 1.1 shall be payable once a year from the date of the contract, and shall be payable on the date determined by Defendant B.

Article 2. Principal.

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