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(영문) 서울중앙지방법원 2017.02.07 2016가단35022
대여금
Text

1. The Defendants each amounting to KRW 2,560,000 and 15% per annum from April 15, 2016 to the date of full payment.

Reasons

1. The Plaintiff is the birth of F, and F was dead on February 2, 2015, and F’s heir is the Defendants and G as their children, and there is no dispute between the parties.

2. According to the overall purport of Gap evidence Nos. 2-1, 2, and 4-1, and 2 as to the claim for indemnity, the plaintiff completed the provisional attachment registration as to the ownership shares of real estate inherited by the Defendants and G from F, on May 18, 2015, in subrogation of the Defendants and G, and paid KRW 12.8 million with the registration fee.

According to the above facts, the defendants are obligated to pay to the plaintiff 2,560,00 won each (=12,80,000 won for the registration of subrogated by the plaintiff x the defendants' inheritance shares x 1/5), and to pay damages for delay calculated at the rate of 15% per annum from April 15, 2016 to the day of full payment, as requested by the plaintiff, from April 15, 2016 to the day of full payment of the copy of the complaint of this case.

3. As to the loan claim

A. The Plaintiff’s assertion asserts that, as F bears the obligation to pay the Plaintiff a loan of KRW 30 million and interest thereon, F is liable to the Plaintiff, the Plaintiff asserts that each of the Defendants, the heir of F, who is the Plaintiff (i.e., KRW 30 million x the inheritance shares of the Defendants 1/5) and sought payment of interest or delay damages.

B. (1) As evidence consistent with the Plaintiff’s above assertion, there is evidence No. 1 (hereinafter “the loan certificate of this case”) as evidence.

The loan certificate of this case is borrowed as one copy of the month from January 15, 2014 to January 15, 2016 under the title "the tea certificate".

‘The' includes the contents of ‘F', the borrower is written as the plaintiff, and the payee is written as the plaintiff, and the seal and the seal are affixed to the name next to the F.

In addition, according to Gap evidence No. 10, the above F's stamp image is based on F's seal.

(2) However, evidence No. 6, A.

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