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1. The defendant shall not exceed 34,282,676 won within the scope of the property inherited from the deceased C and 7,289 among them.
Reasons
1. Facts of recognition;
A. The deceased C (hereinafter “the deceased”) died on April 12, 2017. Of the Defendant, D and D, who is the husband, as the first-class statutory inheritor, reported the renunciation of inheritance on April 25, 2017 and received a judgment from the Daegu Family Court on May 10, 2017. The Defendant reported the qualified acceptance on June 27, 2017 and received the said declaration from the Daegu Family Court on August 4, 2017.
B. The Plaintiff entered into an agreement on student loan transactions with the Defendant on 13 occasions between February 5, 2010 and August 20, 2013, as indicated in the separate sheet, and accordingly, paid a loan under the said loan transaction agreement to the Defendant.
(hereinafter referred to as “the instant loan” in accordance with each of the above loan transaction agreements, and collectively “each of the instant loans”.
At the time of each of the loans in this case, the Plaintiff and the Defendant agreed to pay interest, installment payments, and installment payments on the amount to be paid when the principal and interest on the loans have not been paid on the due date, but on the expiration date of the loan period, when the interest under Article 6 of the Basic Terms and Conditions for Credit Transactions has been lost pursuant to the terms and conditions for Credit Transactions, the balance
The calculation of damages for delay is to be made within the scope permitted by law, as prescribed by the Plaintiff. The rate of damages for delay determined by the Plaintiff is 15% per annum in cases where the period of delinquency is less than three months, 17% per annum in cases where the period of delinquency exceeds three months, and 10% per annum in cases where the period of delay is less than three months, and 12% per annum in cases where the period of delay is less than three months, and 12% per annum in cases where the period of delay exceeds three months, and again, the rate of damages for delay applied after the loss of benefit from December 1, 2016 was reduced to 9% per annum.
The defendant was unable to fully repay each of the loans in this case, and loans Nos. 4 and 5 are extended on December 7, 2016, and the remaining loans are extended on March 27, 2018.