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(영문) 인천지방법원 2020.11.26 2019가단217628
대여금
Text

For the plaintiffs, the defendant

(a) 18,33,33 won and its related amounts shall be from December 30, 2018 to the day of complete payment.

Reasons

Basic Facts

The deceased F (hereinafter referred to as “the deceased”) died on January 24, 2019, and the Plaintiffs succeeded to the deceased’s children.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) from May 10, 2017 to June 27, 2017, the Plaintiff lent money to the Defendant to KRW 70 million with the account transfer; (b) around September 6, 2017, KRW 3 million with the card loan loan; and (c) around August 22, 2017, KRW 30 million with the receipt of a housing mortgage loan, respectively.

The Defendant is obligated to pay interest or delay damages from June 27, 2017 to June 23, 2018 to the Deceased the interest or delay damages calculated by the ratio of KRW 1,100,000 per month from June 27, 2017, which was the last lending date, to KRW 15,000,000,000 from June 23, 2017, and KRW 3,750,000 from December 23, 2018 to April 23, 2019, on the card loan loan loan loan loan loan loan loan loan loan loan loan loan, KRW 15,00,000 from June 22, 201, by the inheritance ratio (1/3) of each of the above amounts to the Plaintiffs who are the inheritor.

3. Determination

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 3, 4, and 10 with respect to loans of KRW 70 million, the deceased transferred KRW 30 million to the defendant’s account in the name of the defendant and lent KRW 50 million until December 30, 2019, May 10, 2017, KRW 30 million, May 22, 2017, KRW 500,000 on June 14, 2017, and KRW 5 million on June 27, 2017, to the Plaintiff after the death of the deceased.

From December 30, 2018 to April 30, 2019, 110,000 won was not paid during the interest period from December 30, 2018.

‘The fact that ' has drawn up a loan certificate' can be recognized.

The defendant asserts that he paid the deceased KRW 15 million to the deceased.

(1) written evidence 1 of this title and witness G.

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