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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Disposition No. 1-A of the first instance judgment
Reasons
1. On September 9, 2010, the Plaintiff loaned KRW 8,900,00 to C with interest rate of KRW 8.75% per annum, plus 36 months equal to interest and interest rate of KRW 8.75% per annum. Under the above loan agreement, “C fails to pay the principal, interest, installment, etc. to the Plaintiff for 30 days continuously from the due date for the payment of the principal, interest, etc. to the Plaintiff, upon immediate loss of the interest due date for all the obligations of the Plaintiff, C must immediately perform the said interest. However, the Plaintiff agreed to notify the obligor in writing three business days before the due date is lost due to delay in the payment of principal, interest, installment, etc., and if the Plaintiff fails to pay the principal, interest, etc. within the remaining period.” According to the evidence stated in subparagraph 6, C appears to have failed to pay the principal and interest to the Plaintiff from June 20, 2012, or the Plaintiff’s assertion that the principal and interest had not been paid from June 20, 20.
C On April 3, 2013, the deceased (hereinafter “the deceased”), the co-defendant D in the first instance trial, who is the spouse, at the time of the death of the deceased, may be recognized respectively as of October 10, 2019, as of October 10, 2019, the principal of the loans to the deceased was KRW 4,493,195, the interest balance was KRW 300,465, and the interest interest rate was KRW 5,545,269.
According to the above facts of recognition, the defendant shall pay damages for delay calculated at the rate of 24% per annum, which is the overdue interest rate, from October 11, 2019 to the day of complete payment, to the day of late payment, to the day of late payment, to the day of late payment, 6,136,754 won, which the plaintiff sought from 3/5 of the above 4,493,195 won (the above 300,545 won, above 5,545,269 won) within the scope of the property inherited from the deceased, as the plaintiff seeks from the plaintiff as the person who reported the qualified acceptance to the plaintiff.