logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2019.01.11 2018가단56780
손해배상(기)
Text

1. The defendant is 15% per annum with respect to each of the plaintiffs' 35,238,250 won and each of the above amounts, from May 18, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Recognizing the fact-finding D (hereinafter “the deceased”) began to lend money from July 2014 to the Defendant. On July 7, 2016, the Defendant asked the Plaintiff to “a greater amount of money to be repaid” through E message, and the Deceased asked the Plaintiff to “a 1284” that “the money to be repaid.” The Defendant said to be “a lump sum.”

“The fact that the deceased responded to the purport that the deceased additionally lent KRW 74,456,50 to the Defendant from July 7, 2016 to April 16, 2017. The deceased’s harassment caused by the Defendant’s fraud, and parents thickness on June 14, 2017.

The facts that “the deceased committed suicide with the deceased’s parents,” and the facts that the deceased’s property heir as the deceased’s parents do not conflict with each other, or may be acknowledged by comprehensively taking account of the overall purport of the arguments as to the recognition of property liability against the deceased. (B) In full view of the overall purport of the arguments as to the above recognition of property liability against the deceased, it may be ratified that the deceased’s expression “12,840,000 won was indicated in the E message as of July 7, 2016 (the Defendant submitted a written reply to the effect that, as of April 26, 2016, the details of the payment made by the Defendant was not reflected in the cause of the first claim by the deceased on or before April 26, 2016, the Plaintiffs failed to separately submit the written reply to the effect that the unpaid amount was settled as at July 7, 2016 as at KRW 12,840,000 and the written reply following the amendment.

(2) On the other hand, the plaintiffs are obligated to pay damages for delay to the plaintiffs, who are the deceased's property successors, as damages for deception, on July 7, 2016 to April 11, 2017. Thus, the defendant is obligated to pay damages for delay to the plaintiffs, who are the deceased's property successors. Thus, the defendant is obligated to pay damages for each of 25,238,250 won (=(12,840,000 + 74,456,500 + 36,820,000 won - 36,820,000 won) 】 (1/2 of the plaintiff's property inheritance) and damages for delay.

arrow