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(영문) 수원지방법원평택지원 2020.06.23 2019가단64950
대여금
Text

The defendant shall pay to the plaintiff KRW 3,33,33 as well as 5% per annum from January 1, 2020 to June 23, 2020 and from the following day.

Reasons

1. There is no dispute between the parties to the judgment on the cause of the claim, or according to the Gap evidence No. 1's statement, it is recognized that the defendant lent KRW 105,00,000 to the defendant for nine times on July 25, 2007 to December 20, 201 by depositing the deceased's money into the accounts of C, D, and E designated by the defendant and the defendant (i.e., the amount of KRW 3 million on July 25, 2007, KRW 15 million on October 23, 2007, KRW 3 million on January 31, 2008, KRW 15 million on April 24, 2008, KRW 3 million on July 24, 2008, KRW 3 million on July 1, 2008, KRW 5 million on July 24, 2008, KRW 1.5 million on July 24, 2008.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, the inheritor of the Deceased, the remaining amount of KRW 35,340,000 (=105,00,000 - 35,340,000) equivalent to the Plaintiff’s inherited shares (=35,340,000 x 1/3) and damages for delay.

2. As to the defendant's defense, the defendant defense that the remaining loans owed by the deceased against the defendant had already expired by prescription.

The loan amounting to 69,660,00 won which the Defendant repaid to the Deceased by August 25, 201 is first 5,9 million won from July 25, 2007 to April 24, 2008 (i.e., the loan amounting to 23 million won on July 25, 2007; KRW 15 million on October 29, 2007; KRW 15 million on April 31, 2008; KRW 7 million on April 24, 2008; KRW 1.6 million on July 24, 2008; KRW 2 million on July 24, 2008; KRW 1.6 million on July 24, 2008; KRW 8 million on July 1, 200, KRW 5 million on July 24, 2008; KRW 8 million on July 24, 2008; and

However, the fact that the instant lawsuit was brought on November 25, 2019 is apparent in the record, and thus, the remainder of loans 4,340,000 won as of August 11, 2008, and 16 million won as of December 29, 2008, and 5 million won as of September 17, 2009, respectively.

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