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(영문) 수원지방법원성남지원 2019.01.08 2016가합200787
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 8,600,000 as well as 5% per annum from February 24, 2016 to January 8, 2019.

Reasons

1. Basic facts

A. The Plaintiff, G, Defendant C, and B are the children of H, and Defendant D is the former spouse of Defendant C who was divorced in around 2004 with Defendant C, and Defendant E is the early spouse of Defendant C, and Defendant F is the spouse of Defendant E.

B. H acquired ownership on March 27, 1997 with respect to the Songpa-gu Seoul Metropolitan Government I Apartment Lake J, and on June 13, 1997, H acquired ownership on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate in combination with the above apartment”).

C. Defendant C: (a) without the due date on March 2, 2009 as interest rate of 1% per month; (b) without the due date on March 30, 2009 as interest rate of 1% per month; (c) without the due date of repayment of KRW 6 million on May 4, 2009; (d) without the due date of payment of KRW 16 million on June 12, 2009; and (e) without the due date of payment of KRW 3 million on August 20, 2009 as interest rate of KRW 1% per month; and (e) without the due date of repayment of KRW 30 million on November 3, 2009 as interest rate of KRW 1% per month; and (e) without the due date of repayment of KRW 70 million on February 5, 2010, each of the above loans is the total amount of KRW 75 million per month.

At the time of the above loan, Defendant C drawn up a loan certificate with H. D.

Defendant B borrowed 20 million won from H on November 4, 2009 as interest rate of 1% per month until October 30, 2010, with the maturity of 20 million won as of October 30, 201, and provided H with a certificate of borrowing.

1. Principal: 75 million won;

2. Date of repayment: 1% per month;

4. Timing for payment of interest: 25th day of each month.

5. Note 1) In the presence and seal of all members: In the event of borrowing and repayment, taking into account the H’s health, the interest of the other type of paper shall be represented in principle for the use of the loan specification certificate with the intention of attending and affixing the entire form of paper, and the extra shall be null and void. Accordingly, the interest of the other type of paper shall be applied at the rate of 3% per page and the final settlement after the vehicle shall be limited to KRW 25 million per capita, but at the time of borrowing and repayment, the additional interest rate of 1% per capita shall be agreed upon with the consent of the other type of paper.

3. Loss of benefit of time: Defendant C shall pay interest if payment of interest has been in arrears at least six times.

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