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(영문) 서울중앙지방법원 2018.02.08 2017가단5009827
대여금
Text

1. The Defendants shall pay to the Plaintiff KRW 30,00,000 per annum from August 2, 2007 to the day of full payment.

Reasons

1. Facts of recognition;

A. After Nonparty G entered in a de facto marital relationship with H, Nonparty G prepared a loan certificate as follows with the amount of KRW 150 million, which the Plaintiff had already borrowed from the Plaintiff and provided to the Plaintiff.

- The loan certificate - The loan certificate will be confirmed and drawn up, as the loan certificate has been duly borrowed the above-mentioned amount of KRW 000,000.

(The interest rate shall be 15% per annum). The borrower shall be a joint and several surety for G: H on August 1, 2007: Return

B. H died on July 17, 2009, and the Defendants, the inheritor, were the Defendants’ children.

【Defendant 3’s ground for recognition: Each description of confession (Article 150(3) of the Civil Procedure Act); Gap evidence Nos. 1-4, 7-12, and 14 (including serial number; Defendant C’s assertion that the above loan witness Gap’s evidence No. 1 is false; however, Defendant C’s assertion that the above loan witness No. 5, 6, 9, 12, 13, and Eul evidence Nos. 1 through 4 are false; it is difficult to acknowledge that the above loan certificate is false on the sole basis of each description of evidence No. 5, 6, 9, 12, 13, and Eul’s evidence No. 1 through 4;

2. According to the above facts of determination, the defendants are liable to pay the plaintiff 30 million won each (i.e., 150 million won x 1/5 of each share in inheritance) as the heir of H, a joint guarantor of the above loan certificate, and to pay the interest for delay calculated at the rate of 15% per annum, which is the interest rate agreed from August 2, 2007 to the date of full payment, as sought by the plaintiff.

3. In conclusion, the plaintiff's claim against the defendants shall be accepted in its reasoning, and it is so decided as per Disposition.

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