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(영문) 부산지방법원 2018.11.07 2016가단71415
대여금
Text

1. The Plaintiff, Defendant B, C, D, and E respectively, KRW 5,258,030, G (Appointeds) and H (Appointeds), each of which is the litigation of net F.

Reasons

1. Facts recognized;

A. The deceased J’s heir 1) The deceased J (hereinafter “the deceased”).

On July 13, 2015: A lineal ascendant or descendant of the deceased who has no spouse or lineal descendant: deceased K (Death on October 1, 1958), deceased L (Death on February 19, 2006): Net M (Death on December 29, 2012; Defendant B, C, D, and E as his lineal descendant) deceased on March 12, 2018; the deceased on March 12, 2018; the deceased on his/her lineal descendant’s family relation; the deceased on his/her family relation and lineal descendant of the deceased; the deceased on his/her inheritance; the deceased on his/her family relation and the deceased on his/her inheritance; the deceased on his/her family relation and the deceased on his/her family relation; and the deceased on his/her family relation and the deceased on his/her family relation; the deceased on his/her family relation and the deceased on his/her family relation and the deceased on his/her share 4/20/30, 10, B15 shares, and C1/5 shares.

B. The Plaintiff’s lending to the Deceased lent 100 million won to the Deceased by transferring its transferable deposits deposited in KRW 100 million to the Deceased on May 6, 2009 by allowing the Deceased to withdraw them on May 6, 2009 (the principal and interest KRW 105,160,60).

On July 8, 2009, the Deceased prepared a loan certificate (Evidence 4) stating that “The amount of KRW 100 million shall be borrowed from the Plaintiff, and the repayment date shall be July 8, 2016, and the interest shall be 1.5% per annum, and the interest shall be repaid at the same rate as the interest of KRW 7 years at the time of repayment of the principal.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. According to the facts of the above recognition, the defendants and the litigants who inherited the deceased's above loan obligations against the plaintiff, based on their respective inheritance shares, and the defendant B, C, D, and E are 5,258,030 won (i.e., 105,160,600 won x 1/20), G (Appointed Party), H (Appointed Party), and I are 7,010,706 won (i.e., 105,160,600 won x 1/15,00 won x less than won) from May 6, 2009 to the date of delivery of a copy of the complaint of this case (as for the defendant B, C, D, and E, 1/200 won x 1/200 x 1/300 %) from the day following the day of each inheritance to the day of complete payment, from the day of May 15, 2017).

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