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(영문) 서울남부지방법원 2017.05.12 2016가단215589
차용금 반환
Text

1. The plaintiff A:

A. Defendant C, 10,000,000 won, and 24% per annum from August 26, 2015 to the date of full payment.

Reasons

1. Plaintiffs’ claims against Defendant E, F, and G

A. The Plaintiff, which caused the Plaintiff’s claim, lent KRW 20,000,00 to H, etc., KRW 10,000,00 on August 25, 2015, KRW 20,000 on September 16, 2015, and KRW 20,000 on November 5, 2015 to H as interest rate of KRW 2% on each month; and Plaintiff B lent KRW 10,000,00 on September 16, 2015 to H as interest rate of KRW 2% on September 16, 2015, without any dispute between the said parties, or taking into account the overall purport of the entries and arguments set forth in subparagraph 3-1 through 4, and subparagraph 8, respectively.

B. According to each of the statements in Defendant E, F, and G’s defenses, as to the qualified acceptance defenses of the Defendants, H died on February 11, 2016, Defendant E, F, and G, respectively, and the fact that the said Defendants filed a report of qualified acceptance by inheritance with the Incheon Family Court on March 31, 2016, and that the said report was accepted on May 26, 2016.

C. If so, Defendant E, F, and G are liable to pay to Plaintiff A 3,33,33 won ( = 10,00,00 won X1/3, and less than KRW 10,000; hereinafter the same shall apply) per annum 24% per annum under the agreement from August 26, 2015 to the date of full payment, 6,66,66 won ( = 20,000,000 won) and the amount calculated at the rate of 24% per annum under the agreement from September 17, 2015 to the date of full payment, 30,000 won per annum from September 17, 2015 to the date of full payment, 30,000 won per annum 6,66,66,666 won per annum 30,000 won per annum 13,033,000 won per annum and per annum 13,013.

2. Plaintiff A’s claim against Defendant C

A. The Plaintiff’s assertion that the parties concerned is jointly and severally with the Defendant C to repay each borrowed amount stated in the claim.

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