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(영문) 부산지방법원 2016.05.19 2015가단225604
대여금
Text

1. Defendant B’s KRW 32,400,000 as well as 20% per annum from August 1, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. Defendant B and deceased E (the deceased on May 9, 2015, hereinafter “the deceased”) are married with each other, and Defendant C and D are their children.

B. The Plaintiff loaned the sum of KRW 40 million to Defendant B (hereinafter “instant loan”) and returned KRW 10 million to Defendant B, and the Plaintiff remains in total of KRW 32.4 million.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. The plaintiff asserted that the plaintiff lent the loan of this case at the request of the deceased who was known to the elementary school for thirty (30) years, so the defendant B and the deceased are co-debtors of the above loan.

In addition, the deceased operated an electronic equipment agency with Defendant B, and borrowed its operating funds, which is used for daily household affairs, and thus, the deceased shall be jointly and severally liable.

However, as the deceased died, Defendant C and D are co-inheritors of the deceased, who are responsible for KRW 9,257,142, which correspond to 2/7 of each of the above loans.

B. Defendant B’s assertion that the Defendants are liable for the above loan is recognized.

However, the deceased is not a joint debtor, and the above loans are not related to daily home affairs, so the deceased shall not be held responsible.

3. Determination

A. Since Defendant B fully acknowledges the Plaintiff’s claim, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from August 1, 2015 to September 30, 2015 and 15% per annum from the next day to the day of full payment, in accordance with the amended provisions of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from August 1, 2015, the day following the delivery of a copy of the instant complaint to the Plaintiff.

(b) The portion of the claim for damages for delay in excess of the above shall be without merit.

(1) The following are revealed by the facts that there is no dispute as to whether the deceased is a joint debtor, the entry of Eul evidence No. 1, and the purport of all pleadings.

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