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(영문) 서울서부지방법원 2013.09.05 2013가합140
대여금
Text

1. The Plaintiff:

A. Within the limit of the property inherited from the deceased I, Defendant B shall be limited to KRW 44 million, Defendant C and F, respectively.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 6 as to the cause of the claim, the plaintiff set the amount of KRW 150 million on November 26, 2003 to I at the interest rate of KRW 3% per month, set the amount of KRW 20 million on December 5, 2003 at the interest rate of KRW 4% per month, set the rate of KRW 50 million on December 30, 2003 at the interest rate of KRW 30,000 on December 30, 200. The plaintiff did not separately set the maturity period between I and KRW 300,000 on December 15, 2006. The plaintiff died on December 15, 2006. The plaintiff's property heir is entitled to receive KRW 300,000,000 from KRW 30,000 per annum and KRW 3030,000,000,00 for each of the above loans to the plaintiff.

2. Determination as to Defendant B, C, and F’s assertion

A. As to this, Defendant B, C, and F asserted that the Plaintiff’s debt to the Plaintiff was extinguished due to the repayment of the Defendants’ debt in the auction procedure for the real estate owned by I, and according to the overall purport of the entry and pleadings as to the evidence No. 4, Defendant B, C, and F, the Plaintiff received KRW 71,073,438 in the procedure of the auction for the real estate rent of J. J. J. for the Gwangju District Court around April 27, 2006, and received dividends of KRW 209,612,846 in the procedure of the auction for the real estate rent of K.K. for the real estate rent of the Gwangju District Court around May 31, 201. However, the dividend that the Plaintiff received in the procedure of the voluntary auction as above would be appropriated for the repayment of interest prior to the principal under Article 479 of the Civil Act.

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