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(영문) 창원지방법원 2016.06.30 2015가단5173
대여금
Text

1. The Defendant’s KRW 6,121,643 as well as the Plaintiff’s annual rate of KRW 5% from June 19, 2015 to June 30, 2016.

Reasons

1. Basic facts

A. On October 6, 2012, C died with the Defendant as his heir, and the Defendant inherited the building of 392.9 square meters and 4-story above ground (hereinafter “instant real estate”).

B. On January 22, 2013, the Plaintiff’s husband E completed the registration procedure for transfer of ownership on the ground of sale on November 20, 2012, with respect to each of one-half shares of the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 9 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The party's assertion and judgment

A. The Plaintiff asserted by the Plaintiff 1 as to December 7, 2009, KRW 58 million, KRW 30 million on November 12, 2010, KRW 380 million on March 3, 201, and KRW 380 million on March 3, 201, and lent to C at the interest rate of 20% per annum.

While the Plaintiff was seeking to purchase the instant real estate from C, C dies and would be to purchase the price of KRW 960 million between the Defendant and the Defendant, and the payment of the price would be ① KRW 160,000,000,000 for the lease deposit of a tenant. ② The Plaintiff assumed the obligation of KRW 10,000,000 on November 21, 2012, ② the obligation of KRW 50,000,000 on January 14, 2013, ③ the obligation of KRW 30,000,000,000 to the Plaintiff, ④ the Defendant’s above loan principal of KRW 38,00,000 against the Defendant’s obligation to return KRW 380,000,000,000 on the instant real estate in the Defendant’s name. ⑤ The Defendant agreed to enter into a lease agreement with KRW 60,00

Since the Defendant inherited the Defendant’s loan obligation of KRW 380,000,000 to the Plaintiff, the Defendant sought payment of KRW 96,913,972, which deducted the Plaintiff’s obligation to return the deposit on deposit basis from KRW 156,913,972, an annual interest of KRW 20,000,000,000 from the lease that was not settled in the instant real estate sales contract, from the time of lease to January 7, 2013.

In addition, as the plaintiff subrogated 23,353,875 won to the defendant's new Saemaul Bank in accordance with the agreement with the defendant, the amount of the above subrogation and this.

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