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(영문) 창원지방법원통영지원 2019.07.17 2018가단27590
청구이의
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant C and D is dismissed.

2. Defendant B against the Plaintiff.

Reasons

1. Basic facts

A. On July 1, 2009, the Plaintiff borrowed KRW 85,000,000 (hereinafter “instant loan”) at a rate of 24% per annum from the net E on September 30, 2010, while the interest rate was set at 24% per annum.

B. On January 24, 2018, the network E filed an application with the Plaintiff for the payment order stating that “the amount calculated at the rate of 24% per annum from January 23, 2018 to the date of full payment” with respect to KRW 244,589,315 and the amount of KRW 85,00,000, which is the cause of the instant loan as the source of the claim by the Changwon District Court 2018Da86, the Changwon District Court: (a) issued the payment order to the Plaintiff on February 1, 2018 (hereinafter “instant payment order”); and (b) the Plaintiff did not file an objection with the Plaintiff on February 23, 2018, and the instant payment order became final and conclusive on March 10, 2018.

C. On March 8, 2018, the Plaintiff paid KRW 40,000,000, and KRW 31,000,000 on November 3, 2018, respectively, to the network E or its agent for the repayment of the instant payment order.

'the net E' or 'the net'

(1) On September 1, 2018, the Defendants died and succeeded to the claim based on the instant payment order issued by the Deceased. The Defendants were granted an execution clause to the Plaintiff on October 4, 2018 regarding the instant payment order. Moreover, Defendant B filed a report on the succession approval with the Changwon District Court’s branch branch branch on October 19, 2018, and received a ruling on January 21, 2019. Defendant C and D filed a report on the renunciation of inheritance with the said court on October 23, 2018, and received a judgment on October 28, 2018, including evidence Nos. 1, 5, 2, 31, and 31, 2018 (based on recognition).

each entry, the purport of the whole pleading

2. The gist of the Plaintiff’s assertion was that the Plaintiff failed to fully repay the principal due to economic reasons while partially repaid the instant loan, and the Deceased.

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