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Reasons
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(영문) 수원지방법원성남지원 2020.07.17 2019가단222743
대여금
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1. The Plaintiff:

A. As to KRW 343,543,175 and KRW 225,00,00 among Defendant B, Defendant B shall be from September 8, 2019 to October 31, 2019.

Reasons

1. Facts of recognition;

A. On September 20, 2017, the network D borrowed a loan of KRW 450 million from the Plaintiff at a rate of 8.17% in arrears, but lost the benefit of August 20, 2019.

As of September 7, 2019, the deceased’s debt against the Plaintiff is KRW 455,09,170,000, plus the total of interest and delay damages, plus KRW 5,09,170,00,000.

B. On December 11, 2018, the Deceased borrowed KRW 190 million from the Plaintiff at the interest rate of 8.09% in arrears, but lost the benefit of September 11, 2019.

As of September 7, 2019, the deceased’s obligation against the Plaintiff is 191,563,250 won, adding the total of interest and delay damages to KRW 190,000,000,000,000,000,000,000 won.

C. On April 24, 2019, the Deceased borrowed KRW 40 million from the Plaintiff at a rate of 8.09% in arrears, but lost the benefit of time on August 24, 2019.

As of September 7, 2019, the deceased’s obligation against the Plaintiff is 40,423,930 won, adding the total of interest and delay damages to KRW 423,930,00.

The Deceased died on July 23, 2019, and accordingly, the Defendants, the parents of the Deceased, were co-inheritors of the Deceased. On November 6, 2019, Defendant C was rendered the Seoul Family Court Decision 2019Hu5890 on inheritance approval.

[Ground for recognition] Defendant B: The fact that there is no dispute, Gap evidence Nos. 1 through 18, Eul evidence Nos. 1 and 1, and the purport of the whole pleadings as a whole.

2. According to the above facts finding as to the cause of the claim, Defendant B, the inheritor of the deceased, shall be liable to the Plaintiff for a delay of 343,543,175, the sum of the principal of which is 1/2 of the Plaintiff, 343,543,175, [2] [45,09,170 won, 191,563,250 won, 40,250 won] ± 225,000,000 won (=450,000,000 won) ± 2] from September 8, 2019 to October 31, 2019, the rate of 8.17% per annum, which is 31,200,000 won per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and with respect to damages for delay of 95,00,000 won (=20,000 won).

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