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(영문) 서울서부지방법원 2015.08.20 2014가합7810
대여금
Text

1. The Plaintiff, Defendant B, Defendant B, and Defendant C, within the scope of the property inherited from the network D.

Reasons

1. On July 10, 1996, Defendant B and the network D (hereinafter “the deceased”) decided to borrow KRW 109,000,000 from the Plaintiff on July 1, 1996 as due date and at the rate of 25% per annum, and jointly repay the borrowed amount.

Defendant B and the Deceased repaid to the Plaintiff the principal amounting to KRW 5,00,000,00 among the above loans around April 2001.

The plaintiff filed a lawsuit against the defendant B and the deceased seeking the return of the above borrowed amount. On January 22, 2002, this court rendered a judgment that "the defendant B and the deceased jointly and severally pay to the plaintiff 104,000,000 won and the amount calculated by the rate of 25% per annum from July 11, 1996 to the day of full payment" (the above judgment became final and conclusive).

Since then, the deceased died, and the defendant C and E inherited the deceased as his child.

Defendant C received a decision on qualified acceptance.

Therefore, within the scope of the property inherited from the deceased, Defendant B and Defendant C shall, jointly and severally with Defendant B, pay 29,714,285 won (=104,00,000 x 2/7) out of the above money in proportion to their shares in inheritance and damages for delay calculated by the rate of 25% per annum from July 11, 1996 to the date of full payment.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Conclusion in favor of the Plaintiff

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