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(영문) 서울서부지방법원 2020.11.27 2019나42027
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Summary of the parties' assertion

A. The Plaintiff leased money to the Plaintiff’s deceased D (Death on February 8, 2019; hereinafter “the deceased”) as follows. As such, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff the borrowed money, interest, and delay damages at the rate of 1/2 of their respective shares of inheritance as follows.

The loan extended on June 3, 2010 (hereinafter referred to as "first loan") - The rate of KRW 20 million not paid out of the principal amount of KRW 30 million, the rate of 1% per month agreed upon, and the delay damages from June 29, 2014 (hereinafter referred to as "second loan") - The principal amount of KRW 3 million from August 1, 2014 to June 29, 2014 (hereinafter referred to as "second loan") - The rate of KRW 1% per month agreed upon, the maturity period for delayed damages, and the delay damages from August 1, 2014 to May 7, 2015 and the same year.

5. 8. 8. The loan "third loan" is "the loan of this case" and "the loan of this case" is "the first loan and the second loan when combined with the second loan".

- Principal KRW 5.5 million, there is no agreement, the due date for payment is fixed, and the damages for delay from May 9, 2015

B. Common matters of the Defendants - The Plaintiff, in consultation with the Deceased on February 2010, established a right to collateral security based on the deceased’s false obligation with respect to the land owned by the deceased, and thus, the instant loan is also a false obligation without a loan agreement.

- Even if there was a loan contract for consumption on the instant loan, this will take place a loan for consumption with no fixed time limit and for which a reasonable period of time has elapsed from the date of receipt of the highest notice.

As to the first loan, even if there was a loan contract for consumption, the borrowed principal is only KRW 11 million, and the remainder was not leased, and there was no interest agreement.

- The above KRW 10 million has been paid in full by the Deceased, and even if the total amount has not been paid in full, the interest paid in excess should be appropriated for the principal.

As to the second loan, even if there was a loan contract for consumption, there was no interest agreement.

2.

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