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(영문) 대구지방법원 2017.02.09 2015가단127794
대여금
Text

1. The Defendant shall set the ratio of KRW 39,33,333 and KRW 333 per month to KRW 33,33 from November 1, 2016 to the date of complete payment.

Reasons

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is the deceased’s heir as the wife and children of the deceased F (hereinafter “the deceased”). The deceased lent a total of KRW 50 million to the Defendant around 2005, and the interest in arrears also reaches KRW 74 million.

Therefore, the defendant is obligated to pay the principal and interest of the above bonds to the plaintiffs, who are the inheritor of the deceased, according to the inheritance ratio.

B. Determination 1) As to the evidence Nos. 1, 2, 3, and 3 of the evidence Nos. 2-1, 2, 3, and 4-1, 2, and 5 of the evidence No. 5, the following facts may be acknowledged in full view of the overall purport of the pleadings. (A) The Deceased set up a loan to the Defendant with interest of KRW 30 million on June 7, 2005 as KRW 1,00,000 per month, and on November 14, 2015, lent KRW 50,000,000 per month with interest of KRW 50,000 per month.

B) After that, at the Defendant’s request on July 2008, the deceased agreed to receive interest of KRW 50 million on the aggregate of the above loans at KRW 1,00,000 as of the last day of each month. C) The Defendant alleged that interest was overdue for six months from August 2008 (the Plaintiff appears to have been overdue for six months from July 2008; however, according to the evidence No. 5, the Defendant’s interest interest for up to ten years from August 2008, 7, 106, 207, 6 months, 4, 7, 7, 100, 10, 208, 10, 10, 205, 10, 200, 10, 205, 10, 201, 3, 10, 200, 10, 2008, 3, 3, 4, 15, 2, 2016

In August 2008, the deceased died on November 9, 2015. The plaintiffs succeeded to the above claims of the deceased in accordance with the inheritance ratio of 3/9 and 2/9 respectively. 2) The above recognition was made by the deceased.

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