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(영문) 수원지방법원성남지원 2016.04.21 2015가단209308
대여금
Text

1. As to Plaintiff A’s KRW 44,089,09,00, Plaintiff B, C, D, and E, respectively, and each of the said money.

Reasons

1. Facts of recognition;

A. G lent a total of KRW 120,000,000 to the Defendant from June 7, 2007 to August 28, 2008.

On September 24, 2008, the Defendant agreed to pay KRW 140,000,000, plus KRW 20,000 under the name of interest.

B. G loaned to the Defendant the sum of KRW 21,660,000 in addition to the above amount (i) KRW 5,000,000 as of October 8, 2008 (ii) KRW 5,000,000 as of October 17, 2008, ③ KRW 5,000,000 as of December 2, 2008, ④ KRW 4,000,00 as of December 3, 2008, ⑤ KRW 2,160,000 as of May 12, 2009; and KRW 50,000 as of December 15, 2009).

C. On August 13, 2013, G died after having left the Plaintiff A and the Plaintiff B, C, D, and E (children) as inheritor.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination

A. The defendant is obligated to pay to the plaintiff A 44,089,090 won = 161,660,000 won = 21,660,000 won x 3/11, as requested by the plaintiffs, the amount below 10 won shall be discarded; hereinafter the same shall apply) 29,392,720 won for the plaintiff B, C, D, and E (i.e., KRW 161,60,00 x 2/11) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 19, 2015 to the day of full payment.

B. The defendant asserts as follows.

At the time of September 24, 2008, the Defendant prepared a certificate of loan of KRW 140,000,000 (i.e., the principal amount of KRW 90,000,000 (i.e., KRW 30,000,000) plus KRW 20,000,000 to be subsequently borrowed from G. However, since only KRW 14,00,000 from G was borrowed, the Defendant’s obligation is only KRW 134,00,000,00.

However, in light of the fact that KRW 21,660,00 of the above additional loans was confirmed by financial data, and that the defendant also borrowed KRW 141,660,000 from G at an investigative agency, the defendant's assertion cannot be accepted.

3. The plaintiffs' claim for conclusion is justified and acceptable.

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