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Reasons
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(영문) 서울동부지방법원 2017.08.25 2015가합101847
대여금
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1. Defendant D:

A. 31,250,000 won and 1% per month from January 16, 2009 to the day of complete payment to Plaintiff A.

Reasons

1. The plaintiffs' assertion

A. On November 3, 2006, Plaintiff A, a parent of Defendant D’s claim, lent the said money to the Deceased by means of paying the seller’s intermediate payment of KRW 150 million to the seller in lieu of the Deceased on behalf of the Deceased, with interest rate of KRW 2%, and thereafter lent the said money to the Deceased on several occasions. On January 16, 2009, Plaintiff A, a parent of Defendant D (hereinafter “the Deceased”) determined the amount of the money to be KRW 250 million between the Deceased and the Deceased and agreed to receive interest of KRW 1% per month.

As the Deceased died on December 25, 2012, Defendant C, and Defendant E, a sibling of the Deceased, inherited or inherited the above loan debt by 1/8 shares, each of the above loan debt by Defendant D, F, G, H, I, J, and Dong N, a sibling of the Deceased, and Defendant E, a sibling of the deceased, respectively, inherited or inherited the above loan debt by 1/8 shares. As such, each of the above loan debt is claimed against the Defendants (i.e., KRW 350,00,000 x 1/8), and interest or delay damages therefrom.

B. On October 10, 2008, Plaintiff B, the cause of Plaintiff B’s claim, leased the instant building from the Deceased, and paid KRW 150 million out of the lease deposit to the same day. After which, on behalf of the Deceased, Plaintiff B returned KRW 60 million out of the lease deposit against the former lessee M on behalf of the Deceased and paid KRW 75 million in cash and check to the Deceased. The said lease contract was terminated on November 24, 2010.

Therefore, against the Defendants, who are co-inheritorss of the deceased, the above lease deposit of KRW 150 million, each of which is equivalent to their respective inheritance shares (i.e., KRW 150 million x 1/8) and damages for delay are claimed against the Defendants, who are co-inheritors of the deceased.

2. Determination as to the claim against Defendant D

A. Defendant D each of the plaintiffs under Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act.

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