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(영문) 서울고등법원 2016.01.29 2014나2045469
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

Basic Facts

1) The parties to the dispute 1) C is the representative director of the corporation E and the tourist hotel E located in Seocho-gu Seoul Metropolitan Government D (hereinafter “instant hotel”).

(1) while operating the network F (hereinafter referred to as “the network”).

2) On September 3, 2012, the deceased died on September 3, 2012, and the heir is the Defendant, the wife, H, and I.

H and I reported the renunciation of inheritance to the Seoul Family Court on November 29, 2012. Accordingly, the Seoul Family Court accepted the declaration of renunciation of inheritance on May 2, 2013 as the Seoul Family Court accepted the said declaration on May 2, 2013.

On September 7, 2012, the Plaintiff: (a) held the power of delegation on August 14, 2012 (hereinafter “the first letter of delegation”) that “the networks delegate the Plaintiff to prepare and commission the notarial deed of a loan for consumption with respect to the amount of KRW 300 million borrowed from the Plaintiff on August 14, 2012; and (b) entrusted the Plaintiff with the preparation of a notarial deed of a loan for consumption with the amount of KRW 30 million borrowed on August 14, 2012 as the deceased’s agent’s qualification as “the next letter of delegation”; (c) the amount of KRW 30 million borrowed on the next day; (d) the obligor, the Deceased; (d) the date of repayment; (e) interest rate of KRW 30% on November 13, 2012; (e) the date of payment; (e) the date of payment; and (e) interest or delay damages

On the same day, a notary public prepared a notarial deed (No. 9; hereinafter referred to as the notarial deed No. 1) of a loan for consumption with the above content in No. 1122, 2012.

The Plaintiff, on September 7, 2012, prepared the notarial deed, holds the power of attorney on August 16, 2012 (hereinafter referred to as “the second power of attorney”) that “the deceased delegates the Plaintiff with the preparation of the notarial deed on a loan agreement with respect to KRW 300 million against the Plaintiff as of August 16, 2012,” and held the power of attorney on August 16, 2012 (hereinafter referred to as “the second power of attorney”; and “the first and second power of attorney” in the capacity of the deceased’s agent as of August 16, 2012; “the borrowed amount of KRW 30 million; the debtor; the creditor; the creditor; the creditor; the Plaintiff; the date of repayment; interest of KRW 30% per annum; and interest of KRW 15 per month; interest or delay damages on principal.

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