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(영문) 부산지방법원 2016.11.17 2016나44384
대여금
Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Reasons

1. Determination on the main claim

A. The Plaintiff is a ky of the net C (Death on October 2, 2014).

On June 13, 1994, the defendant succeeded to the network D's property with E as a child of the deceased C and the deceased D(Death on December 4, 2014) who re-born.

B. On December 9, 2014, the Defendant prepared a letter stating that “The net C and the network D borrowed KRW 30 million from the Plaintiff with the purchase fund for apartment, and if the apartment is sold in the future, the Defendant shall pay the said money to the Plaintiff: Provided, That if the sale of the apartment is delayed, the Defendant shall pay the said money to the Plaintiff by June 30, 2015 (Evidence 3; hereinafter “instant letter”).

[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings

B. As seen earlier, the Defendant prepared and delivered each of the instant statements to the effect that the Defendant would pay KRW 30 million to the Plaintiff on December 9, 2014 by June 30, 2015, as to the cause of the claim (i.e., the agreed amount of KRW 30 million) and KRW 15 million cited in the first instance court among the agreed amounts, the Defendant is liable to pay the Plaintiff 5% per annum as to the existence and scope of the obligation from July 1, 2015 to May 10, 2016, which is the date the first instance court rendered the judgment, with a significant dispute over the existence and/or scope of the obligation to pay 15% per annum as to delay damages calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, and 15 million per annum as to the remaining KRW 15 million per annum as to the existence and scope of the obligation to pay each of KRW 15 million.

From July 1, 2015, the day following the due date, the Plaintiff pays damages for delay at the statutory rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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