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(영문) 대구지방법원 2019.04.24 2018나307479
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The plaintiffs' lawsuit acceptance is based on the plaintiffs' lawsuit acceptance.

Reasons

1. Basic facts

A. C was comprised of children D, E, F, and A, and the Defendant is the wife of E, and H is the F’s child.

B. A married with Plaintiff K and formed the Plaintiff I and J as his child, but died on September 14, 2018 while the trial was pending.

C. On December 20, 2014, the Defendant decided to pay the principal of the 40 million won and the above amount by December 20, 201, with the loan borrowed on or before December 20, 2014, and the bank established a monthly rate and paid the relevant month on the borrowing date, and even if the due date for delay in the payment of interest was not yet due, there is no objection even if the principal and interest was claimed in lump sum, the Defendant, the Defendant, and the 40 million won and the above amount were borrowed on December 20, 2014 (hereinafter “the loan certificate of this case”), the loan certificate of December 20, 2014, stating the same contents as the debtor, the Defendant, and the 250 million won and the above amount were to be repaid by December 25, 2018, the interest rate of which was determined by the bank on the borrowing date, and even if the payment of interest was made on the borrowing date, Defendant 25 had no objection to the same payment date.

D. The Defendant did not pay interest set forth in the loan certificate of this case to A or the Plaintiffs until now. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence Nos. 1 and 6, and the purport of the whole pleadings.]

2. Determination

A. As long as a decision-making document on the cause of the claim is recognized to be authentic in its formation, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document unless there is any clear and acceptable counter-proof that denies the contents of the statement (see, e.g., Supreme Court Decision 2006Da61574, Dec. 12, 2007). Barring special circumstances, as stated in the loan certificate of this case, the defendant shall pay to the plaintiffs who are the inheritors of A the amount of money equivalent to KRW 40,000,000 of the loan amount of KRW 40,000.

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