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1. The Defendants: 11,798,630 won each within the scope of property inherited from the deceased C and 5,400 among them.
Reasons
1. Basic facts
A. On November 7, 2006, the Plaintiff offered a loan of KRW 27 million to the net C on the following terms (hereinafter “instant loan”).
Loan period: 3 year loan interest: 7.5% per annum (payment on the 23th day of each month): 13% per annum of loan interest rate (the highest 25% per annum) plus the whole purport of the pleadings in the statement in Gap evidence 5, the delay interest rate applicable to the loan claim in this case after the due date is 25% per annum.
Method of Repayment: The principal shall be repaid in installments every 12 months from the date of payment of interest that comes first after the loan implementation, and in such cases, 30% of the loan amount shall be repaid each period of repayment of principal, and 40% of the loan shall be repaid at the expiration of the loan
B. At the time of the loan, the net C approved that the aforesaid loan contract is subject to the basic terms and conditions for banking transactions (for example), and the provisions pertaining to this case in the terms and conditions are as follows:
Article 7 (Duty of Repayment before Due Date) (1) In any of the following cases with respect to a debtor, the debtor shall, as a matter of course, lose the benefit of all obligations to the bank (including the occurrence of the obligation of advance reimbursement in payment guarantee transaction; hereinafter the same shall apply) even though there is no demand, notice, etc. from the bank if any of the following events occurs:
5. When it is recognized that the payment has been suspended due to the escape or any other reason. (2) If the debtor falls under any of the following cases with respect to the debtor, the debtor shall naturally lose the benefit of the time limit for such obligation and shall be fully paid.
However, a bank shall notify an obligor of the fact of delay in the performance of the following obligations and the fact that the benefit arising therefrom will be lost not later than three business days prior to the date of loss of time limit, and if the obligor fails to notify by not later than three business days prior to the date of loss of time limit,