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(영문) 전주지방법원군산지원 2015.11.05 2014가합11811
대여금
Text

1. For the plaintiffs:

A. Defendant D’s each KRW 10,000,000 and each interest rate of KRW 15% per annum from October 6, 2015 to the date of full payment.

Reasons

1. The J of Basic Facts died on October 16, 2014, and the Plaintiffs are their successors as their descendants of J.

[Ground for recognition] Unsatisfy

2. Claim against Defendant D

A. The fact that J loaned Defendant D KRW 10,00,000 on December 10, 2012, and KRW 2,000,000 on May 2, 2013, and KRW 20,000 on August 20, 2013, and KRW 1,000,000 on October 2, 2013, and KRW 1,000 on October 2, 2013, and KRW 30,000 on December 15, 2013, are no dispute.

Therefore, Defendant D is obligated to pay 10,000,000 won each (30,000,000 x inheritance share 1/3) to the plaintiffs who are the successors of J, barring special circumstances, and 15% of the annual damages for delay from October 6, 2015 to the date of full payment, as the plaintiffs seek.

B. Although Defendant D alleged that the loan was repaid in full, it is not sufficient to acknowledge the loan alone with the statement of Eul 1 to 4, and there is no other evidence to acknowledge it.

Defendant D’s assertion is without merit.

3. Claim against Defendant E

A. The Plaintiff’s assertion J grants Defendant E KRW 3,00,000 on March 12, 2013, KRW 6,000,00 on May 10, 2013, KRW 3,000 on July 10, 2013, KRW 3,000 on July 13, 2013, KRW 3,000,000 on July 13, 2013, KRW 6,000 on July 25, 2013, KRW 15,00,000 on August 13, 2014, KRW 36,00,000 on total, and KRW 36,000 on August 13, 2014, and Defendant E is obligated to pay each of the Plaintiffs damages for delay.

B. Determination 1) There is no dispute over the fact that the JJ loaned Defendant E KRW 3,00,00,000 on March 12, 2013, and KRW 6,000 on May 10, 2013. Meanwhile, the fact that the J and the Defendant E lent the loan certificate ( KRW 4,00,000,000 on July 10, 2013; KRW 3,000,000 on July 13, 2013; KRW 6,00,000,000 on July 25, 2013; KRW 13,00,000 on July 13, 2013; and KRW 15,00,000 on August 13, 2014; and Defendant E did not receive a total of KRW 30,000 on July 13, 201; however, the same stated to the effect that Defendant E and the Defendant E did not receive a total of KRW 130,7.130.

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