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(영문) 서울북부지방법원 2019.04.18 2018나3005
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's father C on April 23, 1998 and the same year

5. 14. In the Defendant’s place, the Defendant’s mother lent KRW 6,00,000 per annum to D at a welfare interest rate of 15% per annum, each of the Defendant’s extra expense of KRW 3,00,000.

However, D did not pay the above money, and C died in 2004 and succeeded to the Plaintiff’s claim for the above loan. Thus, the Defendant should pay to the Plaintiff KRW 29,573,240, which corresponds to the Plaintiff’s share of the principal and interest of the loan, and damages for delay.

2. As alleged by the Plaintiff, the Defendant’s mother borrowed KRW 6,00,000 from the Plaintiff’s father and used it as the Defendant’s excessive expense.

or on the part of the defendant, borrowed the above money.

Even if the borrower is not the defendant's mother D, and there is no other legal basis for the defendant to repay the loan claimed by the plaintiff.

Therefore, the plaintiff's above assertion is without merit to further examine.

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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