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(영문) 전주지방법원남원지원 2015.07.15 2014가단3345
대여금
Text

1. Defendant B: (a) 6,153,846 won and 6,153,846 won and 6,153,846 won and 6,230,770 won and 9,200 won and 6,230,000 won and 70

Reasons

1. Facts of recognition;

A. On January 29, 2005, Defendant B prepared and delivered a cash custody certificate stating that “40,000,000 won shall be kept until March 20, 2005 and shall be returned on March 21, 2005” (hereinafter “the cash custody certificate of this case”).

On March 21, 2005, in return for the return of KRW 40,00,00,000, which is kept and used from January 29, 2005 to March 20, 2005, shall be considered to have been unable to be returned on the agreed date due to the lack of circumstance, and it is difficult to return the amount of KRW 40,000,000 to the date of the promise. As such, it is not possible to temporarily return the said amount of KRW 40,000,000 as a result, each of the nine days of each month, and shall be deposited into the JB and shall be repaid in installments, and if the said promise is not fulfilled, it shall be done without objection to civil and criminal legal measures.

First time of deposit of KRW 1,00,000: May 9, 2005

Defendant B: (a) on April 8, 2005, on the network I, each of the following descriptions is referred to as “each of the instant notes:

c. The deceased on October 7, 2013. The deceased on the part of the deceased on October 7, 2013. The deceased’s heir is the deceased’s wife D (the deceased’s heir 3/13), the Plaintiff (the appointed party), the appointed party, E, F, G, and H (the shares of inheritance 2/13). The deceased’s ground for recognition is without any dispute, and the entire document is presumed to have been authentic.

Defendant B’s assertion that he did not affix his seal, but there is insufficient evidence to acknowledge it.

each entry, the purport of the whole pleading

2. According to the above facts finding as to the claim against Defendant B, Defendant B should pay to the deceased I’s inheritors KRW 40,00,000 in proportion to his share of inheritance. As such, Defendant B calculated the rate of KRW 9,230,770 (= KRW 40,00,000 x 3/13), Plaintiff (Appointed), 153,846 won (= 40,000,000 x 2/13) from November 26, 2014, which is the day following the delivery date of the original copy of the instant payment order, and each of them is calculated at the rate of KRW 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day of complete payment to the day of full payment.

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