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1. All appeals by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
purport, purport, and.
Reasons
1. The court's explanation concerning this case is the third-party reasons for the judgment of the court of first instance.
The part of paragraph (3) of the judgment of the court of first instance (as stated in the main sentence of Article 420 of the Civil Procedure Act) is as stated in the reasoning of the judgment of the court of first instance, except for cases where the part of paragraph (3) of the judgment of the court of first instance was changed to 9 to 13 pages 4
2. Parts after completion (Article 3-1 (1) and (1) (Article 3-1 (2) and (3) of the judgment of the first instance).
A. As seen earlier, it is reasonable to deem that D loaned the above KRW 110 million to the Defendant on December 28, 2006, since the part of remittance of KRW 100 million issued by promissory notes (10 million) was remitted to the Defendant from November 7, 2003 to December 28, 2006. The Defendant issued the Promissory Notes to D with respect to the above KRW 110 million on December 28, 2006.
Furthermore, if a promissory note is issued in connection with payment of existing debts, it is reasonable to view that the maturity of existing debts is deferred as the due date of payment of the promissory note, unless there are special circumstances between the parties.
(See Supreme Court Decisions 89Meu32606 delivered on June 26, 199, 99Da24508 delivered on August 24, 199, etc.). Therefore, the defendant is obligated to pay damages for delay at the rate of 36,66,66 won (i.e., 10 million won x 3/9, less than KRW 3/900; hereinafter the same shall apply) to the plaintiff who is the wife of D, and (ii) to the plaintiff who is the plaintiff who is the plaintiff of D, as the plaintiff of D, 24,444, and 444 won (10 million won x 2/9) (i.e., 10 million won x 10 million) after the date of payment of the Promissorysory Notes, which is the date of death of D, by the day after December 15, 2010 that the defendant paid damages for delay at the rate of 25% per annum from the next day of the judgment of the first instance.
(2) The defendant shall pay D's living expenses, etc. that the defendant had borne until D's time.