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(영문) 서울서부지방법원 2020.02.13 2019가합30365
대여금
Text

1. The defendant shall pay to the plaintiff KRW 301,702,215 and KRW 269,880,00 among the costs, from January 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On October 31, 2017, C intended to borrow the money as stated in the table below from the Plaintiff at a fixed rate of 2% per annum, but “the date of remittance” at the date stated below, C received the money as stated in the “paid amount” (hereinafter “each borrowed money as stated in the table below”) with the exception of the interest of KRW 50 million per annum (the amount borrowed as stated in the table below) and C repaid to the Plaintiff on September 10, 2017 (the date of remittance; hereinafter the same shall apply) KRW 30 million out of the principal of the borrowed money as stated in the table below.

(1) On July 13, 2017, 100,000,00,000 on July 13, 2017, 200,000 on July 13, 2017, 10,000 on September 7, 2017, 49,000,000 on September 49, 200,000, 1,000,000, 1,000,000, 1,000,000 on October 30, 200, 200, 100,000, 140,000 on October 30, 205, 200, 14,000 on the aggregate of 50,00,000,000 on November 14, 14, 200,000;

B. C: (a) with respect to the borrowed amount as of July 13, 2017 from September 13, 2017 to June 12, 2018; (b) with respect to the borrowed amount as of September 10, 2017 to June 10; (c) with respect to the borrowed amount as of September 10, 2017 to June 10, 2017, KRW 3,200,000 per month as of the interest during eight months; and (d) with respect to the borrowed amount as of November 16, 2017 to June 28, 2017, the aggregate of KRW 1,000,000 from September 10, 2017 to June 28, 2017 to June 16, 2017 to June 208, 207; and (e) with respect to the borrowed amount as of KRW 400,78,200,781.

C. C died on May 6, 2019 when the instant lawsuit was pending.

C At the time of the death of C, the heir had been the Defendant, children, D, E, and F, who are the spouse, but the heir was not only the Defendant, E, and F, but also E’s G.

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