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Reasons
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(영문) 서울고등법원 2015.05.29 2014나55637
대여금
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1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. Facts of recognition;

A. The Plaintiff loaned to E, KRW 17.6 million on November 21, 2008, KRW 26.4 million on February 12, 2009, KRW 17.6 million on March 23, 2009, KRW 17.6 million on April 17, 2009, KRW 6.4 million on January 25, 2010, KRW 16.4 million on March 25, 2010, KRW 26.6 million on August 5, 2010, KRW 30 million on August 30, 2010, KRW 27.4 million on October 1, 2010, KRW 6.4 million on loan.

(hereinafter “instant loan”). (b)

The Plaintiff received repayment of KRW 4.6 million out of the loan 200 million from E.

C. E’s children are Defendant, Appointed C, D, and Nonparty F, and E died on May 5, 2013, and the Defendant, Appointed C, and D jointly inherited the property.

(Non-Party F filed a declaration of renunciation of inheritance with the Government District Court 2013 Ma1001 on May 30, 2013, and the above court rendered a judgment accepting the above declaration on July 3, 2013). [The grounds for recognition] Facts without dispute, Gap Nos. 1, 2, 4 through 7, and Eul Nos. 9 (including the number of branches if any) and the purport of the entire pleadings, as a whole.

2. According to the facts of recognition as above, the defendant and the designated parties jointly inherited the obligation to pay the loan of this case to the plaintiff of this case to the plaintiff of this case (hereinafter "the defendant for convenience") are obligated to pay the plaintiff the remaining loan of 210 million won (=214.6 million won - 4.6 million won) and damages for delay. The defendants are obligated to pay the plaintiff losses for delay calculated at the annual rate of 200 million won under the Special Act on the Promotion, etc. of Legal Proceedings from December 27, 2013 to the date following the delivery of the original copy of the payment order of this case. The defendants are clearly obligated from December 24, 2013 to the date following the delivery of the original copy of the payment order of this case to the plaintiff of this case.

Meanwhile, the Defendants asserted to the effect that the amount of the instant loan cannot be recognized per se, but only the description of the evidence No. 1 attached to the above 1-A.

the facts of the recognition of this subsection.

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