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(영문) 서울동부지방법원 2017.02.14 2016가단23510
대여금
Text

1. The defendant's KRW 16,00,000 for each of the plaintiffs and 5% per annum from May 28, 2016 to February 14, 2017, respectively.

Reasons

1. On February 12, 2016, A loaned KRW 13.5 million to the Defendant without setting the interest rate monthly and due date. From February 15, 2016 to February 25, 2016, A lent KRW 13.5 million in total on several occasions.

However, the Defendant repaid only the total of KRW 4 million on May 15, 2016, KRW 2 million on the 19th of the same month, and KRW 1 million on June 16, 2016, and settled the amount of KRW 4 million as food.

Therefore, the Defendant is obligated to pay A the total amount of KRW 35 million (i.e., total amount of KRW 43.5 million - KRW 4 million - KRW 4 million - KRW 4 million) and damages for delay according to the agreed rate of KRW 24% per annum.

However, as A died, the Defendant is obligated to pay the Plaintiffs, who are their successors, with 1,775,00 won per annum and 24% per annum from May 28, 2016.

2. Comprehensively taking account of the purport of the entire pleadings as to the statement No. 1, the Defendant prepared and delivered a loan certificate (not stated in the interest rate) promising the net A to pay KRW 40 million up to May 27, 2015, and the network A died on October 2, 2016 after the instant lawsuit was filed, and the fact that the Plaintiff B and C, a parent of the network A, inherited the network A.

According to the above facts, the defendant is obligated to pay to the plaintiffs who are the deceased's inheritors of the amount of KRW 40 million,00,000,000 remaining after deducting the amount of KRW 32 million from the amount of each of the above loans that the plaintiffs paid by the defendant, and to pay damages for delay calculated at each rate of KRW 16 million per annum as stipulated in the Civil Act from May 28, 2015 to February 14, 2017, which is the day following the due date of payment based on the above loan certificate, to dispute about the existence and scope of the defendant's obligation to pay for the damages for delay calculated at the rate of KRW 15 percent per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The plaintiffs' claims are justified within the scope of the above recognition.

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