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(영문) 수원지방법원 2017.02.08 2016가단511227
구상금
Text

1. The Plaintiff. (1) Defendant C’s KRW 10,00,000 and its amount are 5% per annum from January 1, 2014 to January 7, 2017.

Reasons

1. Evidence (A through A7, A8-1, 2);

2. Indication of claim; and

A. On February 6, 2003, upon Defendant C’s request, Defendant B loaned KRW 30 million to Defendant C from the Suwonsan Livestock Industry Cooperative on February 6, 2003, jointly and severally guaranteed with Defendant C.

B. D on October 27, 2005, lent KRW 10 million to Defendant C.

C. D repaid KRW 20,932,510 of the principal and interest of loans on behalf of Defendant B on July 17, 2013.

On July 29, 2013, Defendant C agreed to pay 30,932,510 won in total, including the amount of subrogated payment of KRW 20,932,510, and the amount of KRW 10,000,000,000,000.

E. D died on September 24, 2013.

As an inheritor, there are E, F, G, H, and I, the Plaintiff and their children who are their spouses.

D’s children renounced inheritance, and D’s parents J and K, the next-order inheritor, transferred the Plaintiff’s inherited property to the Plaintiff, and agreed on the division of inherited property.

F. Therefore, Defendant C shall pay to the Plaintiff the amount of KRW 10,00,000 and the amount equivalent to 5% per annum as stipulated in the Civil Act from January 1, 2014 to January 7, 2017, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment. The Defendants shall jointly and severally pay the amount of KRW 20,932,510, and the principal amount of KRW 14,351,144 from July 18, 2013 to the day of full payment, as they seek by the Plaintiff, 5% per annum as stipulated in the Civil Act, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

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