대여금
1. To the extent of the property inherited from the network D to the Plaintiff:
A. Defendant B: 29,969,804 won and 18,356.
1. Facts of recognition;
A. On December 6, 2007, the Plaintiff approved the application of the General Terms and Conditions for Credit Transactions with the network D (hereinafter “the network”) and entered into a comprehensive passbook loan agreement with the subject of the loan amounting to KRW 15 million (hereinafter “instant loan”). Since then, the amount of the loan of this case increased to KRW 41,00,000.
B. According to the loan agreement of this case, the interest and damages for delay incurred on the loan may be deducted from the comprehensive account of the deceased or added to the loan, and if the amount exceeds the maximum amount, the loan may be extended beyond the maximum amount.
C. However, the deceased did not pay the principal and interest of this case properly, thereby losing the benefit of time. On October 21, 2019, the total of KRW 30,594,313 as of October 21, 201, and KRW 49,949,673 as of KRW 19,35,360 as of KRW 30,59,313 as of KRW 19,35,360 remains unpaid. The overdue interest rate applicable to the loan of this case is 12% per annum since April 13, 2018.
On March 22, 2014, the Deceased died and jointly succeeded to the deceased’s property by Defendant B (legally inherited portion 3/5) and Defendant C (legally inherited portion 2/5) who is his/her spouse. On May 2, 2014, the Defendants reported the qualified acceptance of the deceased’s inherited property on July 16, 2014.
【Ground of recognition】 The fact that there has been no dispute, Gap 1-3 evidence, Eul 1-2 evidence, the purport of the whole pleadings
2. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum from October 22, 2019 to the date of full payment, as to the principal amount of the principal and interest of the instant case (= KRW 49,949,673 x 3/5) as of October 21, 2019, and the principal amount of KRW 18,356,58 (= KRW 30,594,313 x 3/5) as of October 22, 2019.