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(영문) 서울중앙지방법원 2020.09.25 2020가합136
대여금 청구의 소
Text

The Plaintiff

A. As regards Defendant B’s KRW 19,500,000 and its KRW 15,000 among them, Defendant B shall be KRW 4,500,000 from April 30, 2017.

Reasons

1. Facts of recognition;

A. On July 30, 2015, the Plaintiff lent KRW 15,000,000 to Defendant B on March 30, 2016, without specifying interest.

B. Around October 2015, the Plaintiff lent KRW 4,500,000 to Defendant B without setting the interest rate on April 30, 2017.

C. On November 1, 201, the Plaintiff leased KRW 60,000,00 to K at the maturity of 30% per annum on April 30, 2012, and Defendant F guaranteed the obligation to pay the said loan to K on the same day.

K died on March 1, 2019, and at the time of K’s death, there is Defendant C, Defendant D and E, the spouse of which is the spouse.

On April 5, 2019, Defendant C, D, and E filed a report on the inheritance approval with the Ansan Family Court on April 5, 2019 and received the said report on June 5, 2019.

E. On June 26, 2017, the Plaintiff lent KRW 6,000,00 to L on July 28, 2018 without specifying interest, and Defendant J guaranteed the obligation to pay the above loan to L on the same day.

Since then, the plaintiff extended KRW 2,000,000 to L.

F. On August 2, 2019, L died. At the time of L’s death, Defendant G, Defendant H and I, the spouse of which is the spouse, were the inheritor.

On October 7, 2019, Defendant G, H, and I reported the inheritance limited approval to the Seoul Family Court, and was tried on December 13, 2019 to accept the said report.

[Ground of Recognition] Defendant B: The judgment of service by public notice (Article 208(3)3 of the Civil Procedure Act); Defendant C, D, E, G, H, I, and J: In the absence of dispute; each entry of evidence Nos. 4 through 6; B, evidence Nos. 1 and 2; and evidence No. 1 (including additional numbers); each entry of evidence Nos. 4 through 6; Defendant F: The purport of the whole pleadings; each entry of Defendant F: The judgment of constructive admission (Article 208(3) and 2 of the Civil Procedure Act; Article 150(3) of the Civil Procedure Act)

2. According to the facts acknowledged prior to the determination as to the claim against Defendant B, Defendant B’s loans of KRW 19,500,000 (= KRW 15,000,000) to the Plaintiff and KRW 15,000,000 among them, the Plaintiff’s loans of KRW 15,000 after the due date.

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