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(영문) 대구지방법원 2019.11.14 2019가단106597
대여금
Text

1. The defendant, within the limit of the property inherited from the deceased C, shall be KRW 100 million to the plaintiff and the plaintiff on January 1, 2009.

Reasons

1. Facts of recognition;

A. The Plaintiff set the maturity of KRW 100,000 to D (hereinafter “Nonindicted Company”) on May 10, 2007 with the net C’s joint and several liability and lent interest at KRW 2.1% per month.

B. On March 9, 2009, the Plaintiff applied for a payment order against Non-Party Company and the Network C with the content that “The obligor shall jointly and severally pay to the obligee A the amount of KRW 100 million per annum and KRW 25.2% per annum from January 1, 2009 to the date of full payment,” with the content that “The obligor shall pay to the obligee the amount of KRW 100 million per annum from January 1, 2009 to the date of full payment and the expenses for demand procedure.”

The above decision was served on the non-party company and the deceased C at that time and became final and conclusive as it is.

C. On August 30, 2014, the network C died with the Defendant, who is a legal successor, as the deceased.

On January 22, 2015, the Defendant filed a report on the qualified acceptance with the Seoul Family Court and was tried to accept it on May 19, 2015 under the Seoul Family Court Ordinance No. 699.

The above adjudication was finalized around that time.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, Eul evidence No. 1 (each number is included) and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 1,00,000 won and damages for delay calculated by the rate of 25.2% per annum, which is the agreed interest rate from January 1, 2009 to the date of full payment (=2.1% x 12 months) within the scope of the property inherited from the deceased C.

3. The plaintiff's claim for conclusion is justified and acceptable.

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