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(영문) 서울동부지방법원 2016.10.21 2016가단999
대여금
Text

1. The defendant is 42,857,142 won to the plaintiff (appointed party), 28,571,428 won to the Appointed C and D, respectively, and each of the said money.

Reasons

1. Basic facts

A. Nonparty E, a introduction of Nonparty F, who was close to ordinary sense, set the sum of KRW 200 million on July 5, 2004, and KRW 100 million on October 8, 2004, to Defendant (F’s wife) as 1.1% per interest month, and lent it without setting the due date.

B. By October 2006, the Defendant paid interest of KRW 2.2 million each month, and paid KRW 100 million each month from October 2006 to October 2008, and thereafter, the Defendant paid KRW 100,000 from November 2008 to October 201, 2008, the Defendant’s co-born G from November 2008 to September 201, and thereafter the F and G spread from September 2013 to September 2013, and paid monthly interest ( KRW 1.1 million each month from January 2012, and KRW 80,00 each month from February 2012).

C. On February 15, 2015, E received a liver cancer ruling and died on January 15, 2015, the Plaintiff (Appointed Party; hereinafter the Plaintiff) is the spouse of the network E, and the Selection, C, D (hereinafter the Plaintiff C, and D) is the children of the network E, and inherited the network E’s property 2/7 (Plaintiff A), 3/7 (Plaintiff C), and 3/7 (Plaintiff D’s shares).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 4, 5 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the defendant paid only interest of KRW 100 million to the network E until September 2013, and since the period of repayment has expired as a copy of the complaint of this case was served on the defendant, the defendant, barring any special circumstance, divided the amount of KRW 100 million by the inheritance share ratio of the plaintiffs among loan KRW 100 million, namely, KRW 42,857,142 (= KRW 100 million x KRW 3/7, less than KRW 3/7), KRW 28,571,428 for each of the plaintiffs, C, and D (= KRW 100 million x KRW 2/7, less than KRW 2/7), and as to this, the interest rate of the agreement that was reduced from October 1, 2013 to the delivery date of the copy of the complaint of this case from September 6, 200 to the expiration date of the complaint of this case within the fixed rate of 5% per annum.

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