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(영문) 대전지방법원 2020.09.24 2020가단2363
대여금
Text

1. The Defendant: (a) against Plaintiff A, KRW 20,142,857; and (b) against Plaintiff B and C, KRW 13,428,571, respectively; and (c) against each said money, on November 27, 2015.

Reasons

No dispute exists between the parties, or comprehensively taking account of the overall purport of the pleadings as to the statement in Gap evidence Nos. 2-1 through 5, and evidence Nos. 3, 200,000,000 won on July 7, 2014, and the deceased’s spouse’s 20,000,000 won on August 14, 2014, and 20,000 won on September 30, 2014, and KRW 30,00,000 on November 6, 2014, and KRW 115,00,000,000 on December 15, 2014, the Defendant agreed on the deceased’s her spouse’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s property, respectively.

Meanwhile, the Plaintiffs are those who received reimbursement of KRW 68,00,000,000 from the Defendant on March 2, 2015, and KRW 15,000,000 on May 6, 2015, and KRW 68,00,000 on November 26, 2015.

Therefore, the Defendant is obligated to pay the Plaintiff 20,142,857 won (=47,00,000,000 won x 3/7,000,000 won x less than 3/7,000), Plaintiff B, and C respectively (47,00,000 x less than 2/7,000 x less than 2/7,000 x less than 2/7,000) according to the inheritance ratio of the Plaintiffs among the remaining loans to the Deceased (i.e., 115,00,000 - 68,000) and to pay damages for delay calculated at the annual rate of 12% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 27, 2015 to February 21, 2020, which is the delivery date of a copy of the complaint of this case.

The plaintiffs' claims shall be accepted with due reason, and it is so decided as per Disposition.

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