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Reasons
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(영문) 대구지방법원 2019.11.28 2019나1648
대여금
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1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has made a monetary transaction with Defendant B, and Defendant B and C are children of G.

B. On May 11, 2005, the Plaintiff loaned KRW 15,000,000 to Defendant B as joint and several sureties, and agreed to receive KRW 10,000,000 on June 15, 2005, and KRW 15,000 on August 15, 2005, and Defendant B did not repay this, and on January 13, 2006, the Plaintiff filed a claim for the return of loan (Tgu District Court 2006Da14456) against Defendant B and G.

C. On February 1, 2006, the above court rendered a decision of performance recommendation with the purport that “Defendant B and G shall jointly and severally pay to the Plaintiff 15,00,000 won and interest thereon at the rate of 2% per annum from August 15, 2005 to the date of delivery of the complaint, and 20% per annum from the next day to the date of full payment.” The above decision of performance recommendation was delivered to Defendant B and G on February 7, 2006, and confirmed on February 22, 2006.

In addition, the Plaintiff asserts that he lent KRW 9,00,000 to Defendant B under the joint and several guarantee of G in addition to the above loan, and on January 13, 2006, the Plaintiff filed a lawsuit against Defendant B and G seeking the payment of KRW 9,000,000 and damages for delay thereof ( Daegu District Court 2006Gau47180). On May 15, 2006 in the lawsuit above, the Plaintiff shall jointly and severally pay KRW 10,00,000 to the Plaintiff, and the amount shall be paid in 20,000 won each month from October 15, 2006 to June 15, 208: Provided, That even once each of the above payment dates is lost, the adjustment was made in addition to the amount of interest due and the annual amount of 20% from the following day to the date of delay and the date of payment.

E. Defendant B paid KRW 9,600,000 as principal of the above debt from October 23, 2006 to April 9, 2009, and KRW 3,000,00 as principal, respectively, to the Plaintiff.

F. G: (a) Defendant B, C, D, and I, a child, as his/her heir, died on December 16, 2010.

[Reasons for Recognition]

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