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(영문) 광주지방법원 2015.09.10 2014가합60639
대여금
Text

1. The defendant shall pay to the plaintiff (appointed party) KRW 105,00,000 as well as the annual interest thereon from February 1, 2009 to September 10, 2015.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the husband of C, and the Appointed D, E, and F (hereinafter “Appointed”) are C’s children.

B. C loaned KRW 100,000 to the Defendant, and on October 19, 2006, C received a certificate of borrowing from the Defendant, and thereafter died on March 5, 2007.

(hereinafter referred to as “the deceased”). C.

On November 4, 2008, the Defendant prepared a letter to the Plaintiff and the designated parties that they would repay the total amount of KRW 130,000,000 to the Deceased by January 31, 2009, and thereafter repaid the Plaintiff KRW 25,00,000 to the Plaintiff.

E. The designated parties shall be the Plaintiff on June 30, 2015.

On July 17, 2015, the part of the claim corresponding to the statutory share of inheritance was transferred, and the defendant was notified of the assignment of the claim.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 8

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 130,000,000 won remaining after borrowing from the Deceased and promising the Plaintiff to repay to the Plaintiff, and 105,00,000 won remaining after the repayment is made, and 5% per annum as prescribed by the Civil Act from February 1, 2009 to September 10, 2015, which is the day following the maturity date of this judgment, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. The judgment on the Defendant’s assertion was made by G at the time of borrowing KRW 30,00,000 from the Deceased, and the Defendant demanded the Deceased to prepare A’s 100,000,000 foot loan certificate and demanded the Deceased to prepare A’s 10,000,000 foot loan certificate. After the Deceased’s death, the Plaintiff left the Defendant’s house at his/her own house and detained the Defendant on his/her house, thereby making up A’s 2 (each note) without any choice. This is because the lender gains unjust profits by taking advantage of his/her superior position, and the borrower gains excessive objection against the borrower.

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