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(영문) 수원지방법원 안산지원 2018.06.12 2018가단1704
대여금
Text

1. The defendant's 2,727,273 won and each of the said money to the plaintiff (appointed parties) for KRW 4,090,908, for the appointed parties C, D, E, and F.

Reasons

1. Facts of recognition;

A. On April 25, 2008, G lent to the Defendant the amount of KRW 50 million due on December 31, 2009 and KRW 700,000 per month of interest.

B. G died on August 10, 2017, and the Plaintiff (Appointed Party) and the designated parties inherited G according to their respective shares in the “Inheritance Shares” column as set out below.

A 2/11 of the F children E/11 of the 2/11 designated children E/1 of the 2/11 designated children of the 2/11 designated children of the 2/3/11 designated children of the 2/11 designated children of the 2/11 designated children of the 2/11 designated parties, and the purport of each entry and all pleadings in Gap evidence Nos. 1 through 4 (including the provisional number).

2. According to the above facts of recognition, unless there are special circumstances, the defendant did not claim against the plaintiff (appointed party) and the appointed party for the principal amount of KRW 50 million per month, as the plaintiff (appointed party) sought by the plaintiff (appointed party).

There shall be obligation to pay damages for delay from the day after the due date to the day of full payment.

Meanwhile, according to each of the statements in Eul evidence Nos. 1 through 4, it is recognized that the defendant paid a sum of KRW 35,500,000 to the plaintiff (appointed party) as shown in the following table, and the fact that the defendant appropriated a sum of KRW 30,500,000 to pay principal is the plaintiff (appointed party).

Pursuant to the total amount of repayment (won) 2009-12-30,000 2010-04-009 30,000,000 301-10-28,000, 2000 2013-06-29 1,000,000 1,000-18,0030-18,000 2013-09-18,000 2014-01-29 200,500,000 35,000,000 per annum from the following day of the repayment to the plaintiff (appointed parties) and the appointed parties by dividing the remaining 15,000,000 won of the principal and each of the above amounts from the following day to the date of repayment according to their respective inheritance shares, the Defendant rendered 15,500,0000 per annum of the obligation to pay each of the above amounts from January 15, 2015, 2018.

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