(영문) 수원지방법원 2015.05.01 2014가합4111

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(영문) 수원지방법원 2015.05.01 2014가합4111

차용금

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1. The Defendants shall be jointly and severally liable:

A. As to Plaintiff A, KRW 27,226,051 and KRW 11,459,304 among them, from October 1, 2014.

Reasons

1. Basic facts

A. On January 19, 2010, the deceased I (hereinafter “the deceased”) set the amount of KRW 60 million to Defendant G on March 1, 2010, and lent it to Defendant G at the rate of KRW 10% per month, and at the rate of interest rate of KRW 12 million (i.e., KRW 60 million x 10% per month x 2) and actually paid the remainder of KRW 48 million after deducting the amount of KRW 12 million (i.e., KRW 60 million x 10% per month x 2) (hereinafter “the instant loan”). Defendant H jointly and severally guaranteed the Defendant G’s obligation to the Plaintiff.

B. With respect to the above loan obligations, the Deceased received respectively a promissory note from Defendant G as the issue date of January 19, 2010, the par value of KRW 75 million, and the due date of March 1, 2010, respectively, and a promissory note issued at the place of payment, Incheon City, the addressee, the Deceased, and the issuer G, and a promissory note issued at the place of payment, the face value of KRW 15 million, and the due date of payment.

(hereinafter “each of the Promissory Notes of this case”)

The deceased died on August 27, 2013, and the deceased’s heir was the deceased’s wife and the Plaintiff B, C, D, E, and F, the wife of the deceased.

[Ground for recognition] The facts without dispute (the plaintiff asserted that the defendant was actually paid KRW 48 million after borrowing KRW 60 million from the deceased. The defendants stated in the reply of this case that "the defendant G was actually paid KRW 60 million after deducting KRW 12 million from the deceased, and KRW 12 million from KRW 60,000,000 for two months, and KRW 17,550,000,000 from the deceased, and KRW 42,50,000 from the name of the defendant H," but at the first date for pleading, the defendants stated that "the defendant G was actually paid KRW 60,000,000 after deducting KRW 12,00,000 from the deceased's interest, KRW 12,00,000,000,000,000,000 from the deceased" (the same does not apply to the plaintiff's assertion that the defendant did not clearly dispute this). The purport of the argument of each of subparagraphs 1, 2, 5, 91, and 1 million evidence.

2. According to the above facts of recognition as to the cause of the claim.

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