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(영문) 제주지방법원 2015.06.19 2014가단13500 (1)
대여금
Text

1. The Plaintiff, and Defendant B, Defendant C, D, and E respectively, KRW 88,88,88, and each of them from September 30, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The plaintiff set the interest rate of KRW 1.5% on October 8, 198, and the time when the plaintiff's maturity is requested, and the interest rate of KRW 1.5% on December 23, 1992 shall be determined at the time when the plaintiff's maturity is requested, and the amount of KRW 1.5% on January 3, 1994 shall be determined within one month from the due date without interest, and the amount of KRW 10 million on January 3, 1994 shall be determined within one month from the due date without interest; ④ on July 15, 1998, the interest rate of KRW 1.5% on July 15, 1998, the amount of KRW 1.5% at the time of the plaintiff's due date (hereinafter "loan (or loan)" in order); in combination, the defendant Eul loaned each of the loans (or loan) at the time of the plaintiff's request, and the defendant Eul borrowed each of the loans (or loan) and joint guarantee.

B. The F died on September 13, 2010 (hereinafter “the deceased”), and the Defendant B inherited the deceased in proportion to 3/9 shares as the wife of the deceased, and the Defendant C, D, and E inherited the deceased in proportion to 2/9 shares as their children.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (the defendant Gap evidence Nos. 1, 2, and 4) (the above defendant Nos. 1, 2, and 4 are proved to have affixed the seal of the above defendant on his own by the deceased, but there is no evidence to prove the above facts, and there is no ground for appeal against the above evidence)

2. Assertion and determination

A. As to the cause of claim, the Plaintiff received reimbursement of KRW 15 million among each of the instant loans from the Deceased and received reimbursement from the Deceased, and accordingly, claimed the remainder of the loans against the Defendants. The Plaintiff sought reimbursement of KRW 9 million, which is the principal of KRW 2 million and KRW 6 million, which is part of the principal of the loan 10 million.

Therefore, the Deceased is obligated to pay the Plaintiff KRW 4 million in total, plus KRW 24 million in the balance of the second loan, KRW 30 million and KRW 20 million. The Defendants who inherited the Deceased are obligated to pay the Plaintiff the money calculated according to their respective inheritance shares.

In addition, Defendant B is a joint and several surety for the deceased’s debt 2 and 4, and jointly and severally with the deceased, plus KRW 4 million in the balance of the second loan and KRW 14 million in the balance of the fourth loan.

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