(영문) 의정부지방법원 2015.11.27 2014나1493

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(영문) 의정부지방법원 2015.11.27 2014나1493

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The defendant's succession to the lawsuit is supported by the defendant.

Reasons

1. According to the overall purport of Gap evidence Nos. 1, 2, 4, and 5 as to the cause of the claim and the entire pleadings, the plaintiff lent 20,000,000 won, including the sum of KRW 10,000,000,000 on April 9, 2012, and KRW 10,000 on April 25, 2012, without fixing the due date for payment. The fact that Eul died on March 28, 2014 and the defendant solely inherited the deceased's property as Eul's property heir, the defendant and son were the husband, but D was the husband's property heir, but D renounced the inheritance of the deceased with the government-funded District Court on June 24, 2014, and the above court accepted the above D's application on August 18, 2014.

The defendant is obligated to repay the above loan obligations to the plaintiff.

Defendant B of the first instance trial asserted that D paid KRW 35,00,000 to the Plaintiff on November 5, 2012 in order to repay the above loan obligation, but the statement in the evidence No. 1 alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, according to the purport of Gap evidence Nos. 3 and 7 and the whole pleadings, the plaintiff's loan of this case to the deceased B is KRW 30,000,000 prior to September 23, 201, and KRW 1,00,00,000 on January 26, 201, and the same year.

2. Recognizing that a loan of KRW 35,00,000 in total, including KRW 1,000,000,000 on November 28, 201 and KRW 35,00,000 on the same month, respectively, may be recognized. As such, D’s payment of KRW 35,00,000 to the Plaintiff on November 5, 2012 appears to be the repayment of the above loan obligation.

Therefore, the defendant is obligated to pay to the plaintiff 20,000,000 won and damages for delay calculated by the rate of 20% per annum from August 1, 2013 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and the judgment of the court of first instance is delivered with the defendant's acceptance of the lawsuit in the trial.

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