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(영문) 대전지방법원공주지원 2017.10.19 2017가단796
대여금
Text

1. To the extent of the property inherited from the net F, the Plaintiff:

A. Defendant A: 10,955,482 won and 10,909.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the plaintiff determined that the amount of KRW 40,00,000 to F on November 26, 2012 shall be 5.97% per annum of the agreed interest rate, 5.97% per annum of the agreed delay loss rate, and 21% per annum of the agreed delay loss rate, and provided loans to F on March 12, 2017. However, the F died on March 12, 2017 and transferred the money to F on November 26, 2012, Defendant A, the spouse of the netF, B, D, and E, each of which was inherited by Defendant B, D, and E, the children, and the deceased F or the Defendants did not pay the money to the Plaintiff until March 27, 2017, which was the date of payment under the above loan agreement.

Therefore, unless there are special circumstances to the Plaintiff, the Defendants determined that the Defendants are liable to pay the agreed interest amount of KRW 40,00,000 to the Plaintiff and KRW 170,104 under the agreed interest rate from February 26, 2017 to March 23, 2017 as to the total amount of the loan and KRW 170,104 under the agreed interest rate as sought by the Plaintiff (i.e., the total amount of the loan from February 26, 2017 to March 23, 2017) within the scope of the agreed delay damages rate of KRW 15% per annum from March 28, 2017 to the day of full payment (i.e., the Plaintiff is liable to pay the agreed delay damages from March 24, 2017 to the Plaintiff, but the Plaintiff’s claim for the payment of KRW 30,000,000 per annum 30,501,54,719).

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