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(영문) 창원지방법원 마산지원 2018.11.14 2018가단103801
대여금
Text

1. The plaintiff

A. Defendant B shall pay KRW 26,250,000 and KRW 26,00,000 from November 1, 2016 to the date of full payment.

Reasons

1. On October 20, 2015, Defendant B prepared a certificate of loan to the effect that “D shall set the interest rate of KRW 26 million per annum and by December 30, 2015, with the maturity of KRW 18% per annum.” The agreement was changed to 16% per annum. D died on October 20, 2017. The deceased’s heir agreed on division of inherited property with the content that the Plaintiff succeeds to the above loan solely, and the amount that Defendant B paid by October 31, 2016 with respect to the above loan was appropriated as the principal of the above loan or delay damages incurred by the delayed payment, and thus, Defendant B did not raise any objection to the remainder of KRW 250,000,000,000,000 per annum until December 30, 2015.

A. There is no dispute between the parties, or may be admitted by entry of Gap evidence 1, 2, 3, 4, and 5-3.

Therefore, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff KRW 2,625,00,000,000 plus KRW 26,000,000,000,000 as above, plus KRW 2,6250,000,000, which is the day following the date of payment of the above loan, to delay damages at the rate of 16% per annum from November 1, 2016 to the day of full payment.

2. On December 20, 2014, Defendant C prepared a loan certificate with the purport that “D shall lend to Defendant C with interest rate of KRW 20 million per annum and by the due date specified on June 30, 2015,” and D died on October 20, 2017, and the deceased’s heir inherited the said loan claim by the Plaintiff alone.

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