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(영문) 서울중앙지방법원 2019.12.18 2018가합551723
대여금
Text

1. The Plaintiff:

A. Defendant B and D are jointly and severally and severally liable for KRW 493,673,080 and each of them from January 1, 2011.

Reasons

1. Facts of recognition;

A. On October 28, 2008, the Plaintiff filed a lawsuit against Defendant B Co., Ltd. (hereinafter referred to as “Co., Ltd.”) (hereinafter referred to as “Co., Ltd.”) on loans, etc. with Seoul Central District Court Decision 2008Gahap50221, and stated “H” in the pertinent judgment. However, according to the family relation certificate, resident registration abstract, etc. submitted during the pleadings of this case, it is obvious that it is “D”. The Plaintiff jointly and severally received 631,000,000 won and 275,000,000,000 won from May 16, 2008 to 256,000,000 won from June 17, 2008 to 100,000,000 won from 30% from 200,000 per annum and 30% from 20,000 to 300,000 won per annum, respectively.

B. On December 31, 2010, the Plaintiff received KRW 137,326,920 with respect to the above final judgment, and thereby, the amount of the final judgment remains 46,964,688 won.

C. On May 28, 2017, the deceased deceased on May 28, 2017, Defendant D and E, the spouse of the deceased, was co-inheritors, but I, Defendant D was adjudicated on the renunciation of inheritance (Tgu Family Court 2017 D's 1901), and Defendant E was adjudicated on the qualified acceptance.

(2) Defendant D and E shall not have any dispute, entry of the evidence No. 1, the purport of the entire pleadings, and the remaining Defendants of the purport of the entire pleadings of the Daegu Family Court (2017 was 1900).

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants shall pay to the Plaintiff the amount of KRW 631,00,000,000 based on the above final judgment, the principal amount of KRW 137,326,920, and damages for delay up to December 31, 2010, calculated by deducting the principal amount of KRW 493,673,080, and damages for delay from January 1, 201.

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