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(영문) 서울동부지방법원 2016.12.14 2015가단118015
대여금
Text

1. Defendant D’s KRW 28,57,142, Plaintiff B, and C respectively, and each of them from May 23, 2015.

Reasons

1. Facts of recognition;

A. Plaintiff A is Nonparty F’s wife, and Plaintiff B and C are F’s children.

Since about 30 years ago, the Plaintiffs were living separately with F.

On the other hand, Defendant D is the father and wife of Nonparty G, who is the F, and the Defendants are married.

B. Upon receipt of a request for a loan from Defendant D, F deposited KRW 100,000,000 with Defendant D’s community credit cooperative account on January 22, 2015 (F terminated a deposit account that has not been passed only one month since it was established) and Defendant D’s interest on the loan as of February 17, 2015;

3.20. 20. 20. The same year

4. 22. Each 400,000 won was deposited into the NongHyup Bank account.

C. The F died on April 30, 2015

(hereinafter “F”. Defendant D deposited 400,000 won interest on the above loan into Plaintiff B’s account on May 22, 2015, but refused to pay interest thereafter.

(A) No. 5-D.

Defendant D said to the effect that Defendant D would prepare a notarial deed on the above loan to the Plaintiffs (Evidence A No. 14), but did not comply with it (Evidence A 14).

[Based on the recognition] The evidence Nos. 1 through 14 (including each number), the witness H's testimony, and the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

A. According to the above facts as to the claim against Defendant D, the Deceased determined on January 22, 2015 as interest rate of KRW 100,000,000 per annum (4.8% per annum) and lent to Defendant D on January 22, 2015.

As such, (hereinafter “instant loan”), Defendant D is obligated to return the instant loan to the Plaintiffs, the heir of the deceased, in proportion to their respective shares of inheritance.

Therefore, Defendant D’s KRW 42,857,142 ( = 100,00,000 x 3/7 inherited portion, less than KRW 3/7,00,00; hereinafter the same shall apply), Plaintiff B, and C respectively ( = 100,000,000 x 2/7 of inherited portion) and each of them, from May 23, 2015, the day following the last payment date of interest payment, duplicate of the complaint of this case against the above Defendant.

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