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(영문) 서울남부지방법원 2018.02.13 2017가단232833
대여금
Text

1. The defendant has 5% per annum from July 17, 2009 to July 26, 2017 against each of the plaintiffs as to KRW 100,000,000, and as to this.

Reasons

갑 제1호증, 갑 제2호증의 1, 2의 각 기재에 변론 전체의 취지를 종합하면, 원고들의 망부(亡父) D가 2007. 7. 16. 피고에게 변제기를 2009. 7. 16.로 정하여 200,000,000원을 대여한 사실, D가 2013. 9. 1. 사망하여 원고들이 각 1/2지분의 비율로 망인의 상속인이 된 사실을 인정할 수 있다.

Therefore, barring any special circumstance, the defendant is obligated to pay to the plaintiffs 100,000,000 won each with the return of the loan (=200,000,000 x 1/2) and 5% per annum under the Civil Act from July 17, 2009 to July 26, 2017 (the day when the complaint of this case was served to the defendant) from the day following the due date to July 26, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

In regard to this, the defendant asserts that D, as a result, reads more than KRW 200,000,000, which had been left behind by the deceased E (D and the father of the defendant), donated 200,000,000 won to the defendant who is the South-North Korean living together on July 16, 2007, and forced the preparation of the loan certificate (Evidence A) on such terms and conditions, the defendant, who was economically lacking, only prepared the above loan certificate and did not borrow KRW 200,00,000 from D.

However, it is not sufficient to acknowledge the defendant's above assertion only with the descriptions of Nos. 1 and 2-1 and 2, and there is no other evidence to prove it, the defendant's above assertion is rejected.

The plaintiffs' claims are justified and accepted in all.

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