beta
Text
Defendant C’s KRW 64,285,714, and KRW 42,857,142, respectively, and each of them from September 1, 2019 to December 2019.
Reasons
1. Facts of recognition;
A. On February 2018, the Plaintiff loaned KRW 100 million to B and received KRW 400,000 per month agreed upon from B, and around May 2018, the Plaintiff additionally lent KRW 50 million to B (hereinafter collectively referred to as “instant loan”), and additionally received interest KRW 200,000 per month until August 2019 by adding the agreed interest to KRW 50,000,000 from B.
B. B, while the instant lawsuit was pending on July 17, 2020, died on July 17, 2020 and succeeded to the property of Defendant C, Defendant D, and E, his spouse, each of 3/7, 2/7, 2/7 shares.
[Ground of recognition] Facts without dispute, Gap 1 and 2's entries, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, barring special circumstances, the Defendants are obligated to pay to the Plaintiff the amount equivalent to the Plaintiff’s portion of the agreed interest or delay damages from September 1, 2019 calculated by the ratio of 4.8% per annum (60 million won per month x 12 months ± 150 million x 100 million x 100), which is agreed upon with the Plaintiff. Defendant C is obligated to pay to the Plaintiff the amount equivalent to the Plaintiff’s portion of the agreed interest or delay damages from September 1, 2019. Defendant C is also obligated to pay to the Plaintiff the amount equivalent to the Plaintiff’s portion of the agreed interest or delay damages from September 1, 2019 to December 11, 2019, on the record that each of them is the delivery date of a copy of the complaint of this case from September 1, 2019 to December 8, 2019>
3. The defendants' assertion against the defendants asserts that the loans of this case were paid in 30,000 won per month or 600,000 won per month and the payment period has not yet arrived.
As seen earlier, it is reasonable to see that B paid KRW 400,000 per month from the following month after it borrowed KRW 100,000,000 per month, and KRW 60,000 per month from the following month after it borrowed KRW 50,000.
In addition, the above facts are stated.