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(영문) 서울북부지방법원 2018.05.16 2017나39854
대여금
Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

2. The costs of appeal are assessed against the Defendants.

purport.

Reasons

Facts of recognition

In addition, the court's reasoning for this part of the judgment on the cause of the claim is the same as that of the judgment of the court of first instance (paragraphs 1 and 2-A). Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition to KRW 8,500,000, out of the principal of the instant loan repaid by Defendant B on the premise of the Defendants’ assertion as to the Defendants’ assertion, the following money is the amount repaid by the Defendants against the Deceased:

① Money paid by the Defendants to the Deceased on or before December 12, 2001 (4,00,000 won paid as acquisition tax, 2,800,000 won paid as house repair expenses, 3,000,000 won paid as water rate, 3,000,000 won paid as of December 15, 1997, 3,000,000 won paid as of April 29, 199, or 14,00,00,000 won as stated in the loan certificate of this case (2) was cancelled on or after August 21, 1998 and paid by the Deceased to the Deceased, and (3,00,000 won were remitted to the Plaintiff’s account as of July 16, 200, 200, 3,000 won was repaid to the Plaintiff’s account of this case.

As of December 12, 2001, the balance of the loan of this case as of December 12, 2001 is KRW 56,500,00, the amount of Defendant B’s liability is KRW 36,200,000, and the remainder of KRW 20,300,00 (the sum of the amounts described in paragraph (1) and (2) is the deceased’s liability.

The defendants paid KRW 5,00,000,000 on or after December 12, 2001 and the total of KRW 3,000,000 on or after July 16, 2002, and the 19.3,00,000,000 on or after the same month. The above KRW 5,00,000 and the interest from the following day on or after the repayment date are the part in which the deceased is responsible.

Nevertheless, from December 12, 2001 to August 17, 201, the Defendants paid all the interest on the balance of the loan including the part responsible to the Deceased.

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