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(영문) 서울중앙지방법원 2017.08.29 2016가단5315136
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 320,918,907 and the amount of KRW 196,674,50 from February 1, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. A received the cash custody certificate of KRW 200,000,000 on August 19, 2009, and KRW 200,000,000 on September 1, 2009, from the Defendant and D, without setting the due date for repayment of KRW 200,000,000,000, and at 18% per annum of interest, while lending to the Defendant and D.

B. A received a total of KRW 103,210,00 from E, which appears to be the final destination of the Defendant and D and the above money, from November 1, 2009 to June 28, 2013, and if it is included in interest, etc., it is deemed that the remainder of the principal as of January 1, 2017 is KRW 196,674,504, and the interest accrued therefrom is KRW 159,498,765.

C. Meanwhile, A died on January 1, 2017 while the instant lawsuit was pending (hereinafter “the deceased”), F, G and the Plaintiff inherited the property, and F and G transferred both their inheritance shares to the Plaintiff on or around March 2017, and the Plaintiff took over the instant lawsuit.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1-6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 18% per annum from February 1, 2017 to the day of complete payment, which is the day following the delivery of a copy of the claim and the written application for modification of the cause, as to KRW 320,918,907 and its KRW 196,674,504, among them.

B. The Defendant’s assertion and its determination on the payment in kind 1, the Defendant asserted that the Plaintiff’s claim for the loan was extinguished since the Plaintiff leased the instant money to E through the Defendant, etc., and the Plaintiff purchased 601 of the main apartment on the land outside Yeongdeungpo-gu Seoul Metropolitan Government and the second apartment on the ground.

In order to take effect of the extinguishment of an obligation, other benefits paid by the debtor in lieu of the original performance shall be realistic, and in such cases, if other benefits are the transfer of ownership of the real estate, the registration to take effect of the change in the real right to the real estate shall be completed.

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