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(영문) 서울남부지방법원 2020.02.04 2019가단231681
약정금
Text

1. Defendant D’s KRW 39,000,000 among the Plaintiff and KRW 13,000,000 among them, shall be KRW 26,00,000 from September 7, 2019.

Reasons

1. Basic facts

A. On April 19, 2009, the Plaintiff lent KRW 200 million to E, a partner of the Plaintiff, to E.

B. E died on November 29, 201, and his heir is Defendant B, C, and D, the Plaintiff and the Plaintiff’s siblings.

[Reasons for Recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, the purport of the whole pleadings

2. The Plaintiff’s determination as to the claim against Defendant B and C claimed a loan to the said Defendants, the heir of the network E, based on his/her share of inheritance, but comprehensively taking account of the overall purport of the pleadings in each of the statements in subparagraphs 1 through 5, the said Defendants are recognized as having received the adjudication on renunciation of inheritance (Seoul Family Court Decision 2019Hu52702) from the deceased E, and the said adjudication became final and conclusive. Therefore, the Plaintiff’s claim against the said Defendants is without merit, without further need to examine.

3. According to the above facts of recognition as to the claim against Defendant D, Defendant D is obligated to pay the Plaintiff a loan according to his share of inheritance to the deceased E’s heir.

Therefore, the above defendant is obligated to pay 39,000,000 won and 13,000,000 won among them, upon the partial claim of the plaintiff, to the plaintiff, 12% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 7, 2019 to the date of full payment.

The plaintiff also sought payment of damages for delay calculated at a rate of 12% per annum from the day following the day on which the copy of the complaint in this case was served. However, the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings can be applied from the day after the day when the complaint seeking the performance of monetary obligations or a document corresponding thereto was served on the debtor. If the creditor expands the purport of the claim, the interest rate under the above provision can be applied from the day following the day when the document expanding the claim was served on the debtor.

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