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(영문) 서울남부지방법원 2020.09.04 2019가합105420
대여금
Text

The defendant's KRW 155,807,332 for each of the plaintiffs and 3.52% per annum from December 11, 2018 to January 28, 2020.

Reasons

1. Basic facts

A. The parties’ relationship 1) The Plaintiffs are the network D (hereinafter “the network”).

(2) The deceased died on December 3, 2018, and the plaintiffs, who are the deceased’s children, jointly inherited one-half shares of the deceased’s property.

B. The Deceased’s lending of the financial institution from September 2002 to July 30, 2015, borrowed the following money and used it to pay it to the Defendant or to repay the principal and interest of the prior loans.

The loan source of 1202-09-18 FFF association 200,000,000,000,000 won 1202,000,0000,000 KRW 99,99,000,000 to the Defendant for the loan loan of 50,007-00,000 won 3207-05-04,000,000 won to the Defendant for the loan of 4208-02-02,000,000 won to the Defendant for the loan of 5,250,000,000 won to the Defendant for the loan of 5205-07-30,000,000 won to the loan of 520,07-30,000,000,000 including the payment of the loan of 70,000,000 won to the Defendant, 165,0000.

2. The parties' assertion;

A. On July 30, 2015, the Plaintiffs agreed that the Defendant and the Deceased shall pay the principal and interest of the loan to the Defendant at an annual interest rate of 3.52% (3.52%) and pay the Deceased KRW 2,00,000 per annum to the Deceased.

However, the defendant did not pay the principal and interest of the loan and interest after December 10, 2018. The plaintiffs, the inheritor of the deceased, terminate the above agreement on the grounds of delay in performance by the defendant against the defendant.

Therefore, the defendant's successor to the deceased's 156,807,32 won (=(the balance of loans 311,614,664 won as agreed interest 2 million won on December 2, 2018) x 1/22% per annum on the balance of loans x 11.22% (3.52% = 7.7% = 24 million won).

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