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(영문) 대구지방법원포항지원 2019.11.14 2019가합11031
대여금
Text

1. The Defendant: (a) within the scope of the property inherited from the deceased C, KRW 700,000,000 to the Plaintiff; and (b) on the part of the Plaintiff, on January 2018.

Reasons

1. Basic facts

A. On June 24, 2016, the Plaintiff loaned KRW 1,000,000,000 to the deceased C (hereinafter “the deceased”) in total, and KRW 1,000,000,000,000 on June 29, 2016 (hereinafter “instant loan”). The Deceased paid interest to the Plaintiff in relation to the said loan.

B. From June 2016 to September 2016, the Deceased remitted KRW 10,00,000 each month to the Plaintiff, and KRW 20,00,000 each month from October 2016 to January 2018.

C. On February 7, 2017, the Deceased repaid to the Plaintiff the principal of KRW 300,000,000, out of the instant loans.

From February 2, 2018 to July 2018, the Deceased remitted KRW 14,00,000 to the Plaintiff each month.

E. On January 12, 2019, the Deceased died, and the Defendant, the wife of the Deceased, filed a qualified acceptance report with the Daegu District Court Branch Branching 2019Modan189, and received a decision to accept the report on May 17, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 1,00,000 to the Deceased, and that 1% of the monthly interest from June 2016 to September 2016 and 2% of the monthly interest from October 2016 to the date of full payment.

The Plaintiff received the principal amount of KRW 300,000,000 and interest KRW 444,000,000 from the Deceased, but did not receive the remaining principal and interest. As such, the Defendant, the inheritor of the Deceased, is liable to pay the said loan and interest or delay damages within the scope of the property inherited to the Plaintiff.

B. The summary of the Defendant’s assertion that the Plaintiff paid to the Plaintiff from October 2016 to February 2, 2018 includes part of the principal of the instant loan.

3. The following circumstances acknowledged based on the above basic facts, Gap evidence No. 1, and the purport of the entire pleadings, namely, ① the payment of interest on text messages received by the deceased and the plaintiff, and ② the deceased on September 9, 2018.

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