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(영문) 부산지방법원 2020.10.14 2020가단311820
대여금
Text

1. The defendant shall not exceed 32,343,880 won and among them, 29,603.

Reasons

1. Basic facts

A. On July 2, 2019, the network D (hereinafter referred to as “the network”) obtained a loan from the Plaintiff to the effect that, at 16.94% per annum, interest rate of KRW 30,600,000 per annum, interest rate of KRW 16.94% per annum, interest rate of KRW 19.94% per annum, and the due date of payment on July 1, 2024, but, at any time, payment of interest pursuant to the agreed interest rate would be delayed at any time.

B. However, the Deceased lost the benefit of time by delaying the payment of the agreed principal and interest of the above loan, and as of April 9, 2020, the amount of the outstanding principal and interest of the above loan is KRW 29,603,470, and the interest and late interest of the unpaid loan is KRW 2,740,410.

C. On November 28, 2019, the Deceased died, and the mother is the heir of the Deceased.

On May 4, 2020, the defendant received a qualified acceptance trial on the inherited property of the deceased as the Daejeon Family Court No. 2020-Ma475 on May 4, 202.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, the inheritor of the deceased, is obligated to pay to the Plaintiff the sum of the principal and interest of the unpaid loan of KRW 32,343,880 (=2,740,410, such as interest on the unpaid principal of KRW 29,603,470) and the interest on the unpaid principal of KRW 29,603,470 from April 10, 2020 to the date of full payment, delay damages calculated at the rate of KRW 19.94% per annum, which is the overdue interest rate of KRW 29,603,470.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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