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Reasons
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(영문) 부산지방법원 동부지원 2018.01.16 2016가단17530
대여금등
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1. The Plaintiff:

A. Defendant C shall have full payment of KRW 140,841,01,014, and KRW 19,00,000 among them from November 22, 2016.

Reasons

1. Facts of recognition;

A. On November 22, 2006, the Plaintiff filed a lawsuit against E and Defendant C with the Busan District Court’s Dong Branch 2006da22755, and the judgment of November 22, 2006 that determined that “E shall pay to the Plaintiff, E, and Defendant C shall jointly and severally pay 19,000,000 won with 24% per annum from January 6, 1991 to April 26, 196, 196, 25% per annum from May 7, 1996 to the day of full payment, and 25% per annum from June 1, 198 to the day of full payment, and Defendant C shall be paid 3,50,000 won and 25% per annum from June 1, 1998 to the day of full payment.”

B. On November 1, 2012, E died, and Defendant C and C, his spouse, succeeded to E’s property.

C. Defendant B and D filed a qualified acceptance report with the Busan Family Court 2017 D on May 11, 2017.

Meanwhile, as of November 21, 2016, the amount of the judgment for the Plaintiff’s E is KRW 140,841,014 (= Principal KRW 121,841,00 for delay damages of KRW 19,00,00 for delay damages of KRW 121,841,014). The amount of the judgment for the Defendant C is KRW 126,493,150 [= KRW 106,816,438 for delay damages of KRW 19,00 for delay damages of KRW 87,816,438] (= Principal KRW 19,00 for delay damages of KRW 19,00 for delay damages of KRW 87,816,438).

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, and 4 (including paper numbers), and the purport of the whole pleading

2. Determination

A. According to the above facts, Defendant C is obligated to pay to the Plaintiff 140,841,014 won (=106,816,438 won with delay damages of KRW 19,00,00,000 with delay damages of KRW 87,816,438), calculated at the rate of 15% per annum from November 22, 2016 to the date of full payment, and damages for delay calculated at the rate of KRW 19,000 with interest of KRW 19,000 with interest of KRW 15% per annum from November 22, 2016 to the date of full payment, and damages for delay calculated at the rate of KRW 3,50,000 with interest of KRW 3,50,00 with interest of KRW 15% per annum from November 22, 2016 to the date of full payment.

In addition, Defendant B and D are jointly and severally with Defendant C to the Plaintiff.

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