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(영문) 서울동부지방법원 2018.01.17 2015가단18634
대여금
Text

1. The defendant

A. From June 2, 2015 to January 17, 2018, 200 won for 73,000,000 won and for 18,000,000 won among them.

Reasons

1. Basic facts

A. The Plaintiff C’s loan 1) The loan 10,00,000 won on January 12, 2006 and interest 1% on January 12, 2006 (hereinafter “the first loan”).

(2) On June 9, 2006, KRW 1% of interest per month (hereinafter “second loan”) and KRW 45,000,000 (hereinafter “third loan”) on October 25, 2008 (hereinafter “third loan”).

(4) On November 4, 2008, KRW 50,000,000 and interest rate of KRW 1% per annum (12% per annum) (hereinafter “non-loan 4”).

B. Loans extended to the Defendant by Plaintiff A amounting to KRW 20,00,000 on September 30, 201, interest rate of KRW 1.1% per annum (13.2% per annum) and two years due (hereinafter “5 loans”).

The Defendant’s repayment 1) The repayment of interest on the loan 5 as to the loan 3rd of May 14, 2008, with respect to the loan 10,000,000 won on November 14, 2008, and each repayment of KRW 17,00,000,000 on September 20, 2012, with respect to the loan 3rd around May 12, 2014.

D. The Defendant’s credit against the Plaintiff A (based on May 31, 2014) KRW 8,648,00 registration tax (three items) 1,857,339 on the aggregate of real estate brokerage commission (three items)

E. As the Seoul Family Court Decision 2014Ra1484, Plaintiff C filed a petition for a trial to commence adult guardianship with the principal of the case.

On April 23, 2015, the above court rendered a judgment to the effect that adult guardianship for the appointed party C begins, that appointment A as adult guardian is made, and that there is no restriction on the scope of the right of legal representation of the adult guardian.

[Ground of recognition] Facts without dispute, Gap 1 (including a provisional number) and 11, and the purport of the whole pleadings

2. The defendant does not have the mental capacity of the plaintiff C to defend the lawsuit of this case as unlawful.

Before the filing of the instant lawsuit, adult guardianship was already commenced for C, and A may be deemed to have filed the instant lawsuit in the position of adult guardian. Thus, C’s instant lawsuit is lawful.

The defendant's defense of this case is without merit.

3. Judgment on the merits

A. The plaintiff's claim is as follows.

1 The remaining principal with respect to the third loan amount of KRW 18,00,000 and this.

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