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Reasons
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(영문) 부산지방법원서부지원 2020.05.15 2019가단115875
대여금
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1. The plaintiff

A. Defendant C shall pay full amounts of KRW 25,146,19 and KRW 15,536,841 among them from November 28, 2019.

Reasons

1. Facts of recognition;

A. On November 23, 2015, the Plaintiff entered into a loan agreement with the deceased F (hereinafter “the deceased”) with a principal of KRW 50,00,00,000, the loan period of KRW 48 months, the interest rate of KRW 9.9% per annum, and an overdue interest rate of KRW 25% per annum. The Plaintiff lent the money to the deceased.

B. The Deceased lost the benefit of time due to his failure to repay the above loan, and as of November 27, 2019, the total amount of debt as of November 27, 2019 is KRW 58,674,278, including the remaining principal, interest, and interest interest.

C. Meanwhile, the Deceased died on March 9, 2017, and there is Defendant C and E, the wife, as the inheritor of the Deceased.

However, Defendant D and E filed a request for a qualified acceptance on January 23, 2019 with the Busan Family Court No. 2018 D and E filed a request for a qualified acceptance trial on January 23, 2019 by the said court, which received the said Defendants’ report of qualified acceptance on November 30, 2018.

[Reasons for Recognition]

(a) Defendant C: Confession (main sentence of Article 150 (1) of the Civil Procedure Act);

(b) Defendant D and E: Facts without any dispute, Gap evidence 1-1, 2, 2-2, 3-1, 2, 4, 5, 1-2, and 2-3, and the purport of the whole pleadings and arguments

2. According to the above facts of determination, the Plaintiff is liable as the Plaintiff’s claim. ① Defendant C is liable to pay damages for delay calculated at the rate of 25% per annum from November 28, 2019 to the date of full payment with respect to KRW 25,146,119, and KRW 15,536,841, which is the inherited portion, among the loans owed by the Deceased, to the Plaintiff, for delay calculated at the rate of 25% per annum from November 28, 2019 to the date of full payment, and ② Defendant D and E are the successors who qualified for inheritance by inheritance of the Deceased, and each heir shall be liable to pay damages for delay calculated at the rate of 25% per annum from November 28, 2019 to the date of full payment.

3. In conclusion, the plaintiff's claim is accepted for all reasons, and it is so decided as per Disposition.

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