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(영문) 부산지방법원 2017.05.26 2016가단43441
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 100,000,00, and KRW 25,000 out of the said money, respectively.

Reasons

1. The facts under the basis of facts are deemed to have been led by the above defendant pursuant to Article 150 of the Civil Procedure Act between the plaintiff and the defendant C, and the plaintiff and the defendant B may be acknowledged by the purport of Gap evidence No. 1 and all pleadings, and no counter evidence exists.

On May 15, 2003, the Plaintiff drafted a notarial deed of debt repayment contract (a notary public, No. 2713, 2003, hereinafter “notarial deed of this case”) stating that “The amount borrowed from the Plaintiff on May 15, 2003 and the amount of debt including interest, ② the due date of repayment shall be no longer than November 14, 2003, ③ the delay damages shall be 24% per annum, ④ the joint and several surety, ⑤ the debtor and the joint and several surety are not subject to compulsory execution immediately if they fail to perform their monetary obligations under this contract.”

B. After that, on May 15, 2005, D died after having left, and died on October 26, 2012, as bereaved family members, G, H, I, and Defendant C, the wife of F and its children.

2. According to the above facts of determination, Defendant B, the debtor of the instant Notarial Deed, is obligated to pay to the Plaintiff 1,00,000,000 won out of the loan 120,000,000 won, and Defendant C, as the heir of the network D, the joint guarantor, the amount of 25,00,000 won (=10,000,000 x 1/4) and each of the above amounts, jointly and severally with Defendant B, which constitutes one’s own inheritance shares among the above amounts, as the Plaintiff seeks from November 15, 203, the following day after the due date, to December 28, 2016, which is the last delivery date of the copy of the application for correction of the purport of the instant claim of this case, the rate of 24% per annum from the next day to the last delivery date of the application for correction of the claim of this case, and damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

As to this, Defendant B paid 16,00,000 won to the Plaintiff and paid 16,00,000 won to the Plaintiff, the remainder of the loan is 34,000,000 won.

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