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(영문) 서울중앙지방법원 2018.08.27 2018가단5043800
대여금
Text

1. The Plaintiff:

A. Defendant B shall fully pay KRW 2,500,000 and KRW 1,666,666 among them. From May 6, 2018, Defendant B shall be fully paid.

Reasons

Considering the overall purport of the arguments in Gap evidence Nos. 1, 4, and 8 and Eul evidence Nos. 4 (including the branch numbers), the plaintiff set the due date and repayment method as "five-year equal installment repayment" and lent KRW 25,000,000 to G around May 9, 201, and 20,000 to J on May 9, 201, as the plaintiff succeeded to the above G on June 8, 2017, and the defendant Eul, C, D, the defendant (Appointed Party), F, H, and I died on January 10, 2018 and succeeded to the above G, and the facts that the defendant Eul succeeded to the above J on May 16, 2018, and accepted the report of succession by the defendant E, the defendant (Appointed Party), the defendant F, the designated party, and H, and the report of succession.

According to the above facts of recognition, the defendants are liable to pay to the plaintiff the amount equivalent to the ratio of each inheritance share to 1/5 of the loans every five years from the date five years have elapsed since the date of the above lending to the plaintiff within the scope of the property inherited from the Dong G.

(A) As the Plaintiff cannot clearly specify the date of lending to the network G, the Defendants’ claim for future performance is deemed to have been filed in advance on May 31, 201, which is the most favorable point for the Defendants. Meanwhile, although the Defendants did not arrive at the due date as of the date of the closing of the instant argument, it is recognized that the Defendants could not expect voluntary performance even if the due date arrives, and thus, it is necessary to claim in advance as a lawsuit for future performance.

If so, Defendant B, C, D, Defendant F, Defendant H, and I: Provided, That Defendant F, Selection Party H, and I, within the scope of the property inherited from the network G, respectively, KRW 2,500,00 (15,00,000 for repayment in 2016-2018 x 1/66) and KRW 1,66,66 for the Plaintiff as requested by the Plaintiff, Defendant B, and C, from May 6, 2018, Defendant D, from May 17, 2018, from May 17, 2018, from May 1, 2018 to May 9, 2018, and from May 9, 2018 to April 13, 2018, from the date on which the copy of each complaint was served by the Plaintiff.

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