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(영문) 부산지방법원 2019.01.18 2018나43248
대여금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Judgment of the court of first instance No. 1-A.

Reasons

1. On July 15, 2015, 2017.10,900,000 won 5.9% of the credit loans 24% of the 60-month period (hereinafter referred to as “credit loan obligations”) on the date of a loan contract separately based on basic facts (hereinafter referred to as “credit loan obligations”) with a delayed interest rate of the loan interest rate for the loan period (hereinafter referred to as “new installment obligations”) 17.9% of the total amount of loan 17.9% of the 42-month period when referring to this part of the obligations”).

A. The Plaintiff established pursuant to the Specialized Credit Financial Business Act and entered into a loan agreement with the network E (hereinafter “the network”) as shown below (hereinafter “the instant loan agreement”).

28,217,714 won in total of 28,217,35,263 won in total of 8,635,263 won in total of 152,465 won in 20,690 won in credit loans 19,808,582,09 won in total of 1,202,79,189 won in total of 21,323,96 won in total of 28,217,714 won in total of 8,635,263 won in total of 59,879,132,856 won in total.

B. The principal and interest of obligations under the instant loan agreement as of January 13, 2017 are as follows:

C. The Deceased died on May 28, 2016, and Defendant C and D, who was the deceased’s heir, was identified as the deceased’s heir.

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

2. The Plaintiff’s judgment on the cause of the claim is based on the first-B of the principal and interest of the obligation under the instant loan agreement.

The "damage for Delay" in the table of paragraph (1) is claimed by the court below (the plaintiff claimed that "the plaintiff waived his claim against the damages for delay (the amount stated in the "damage for Delay" in the table of paragraph (1) at the time of the first instance trial, taking into account the defendant's assertion and the intention of the full bench at the trial court at the time of the first instance trial and claimed that "the damages for delay (the amount stated in the "damage for Delay" in the table of paragraph (1) at the time of the first instance trial)" and only the remaining amount shall be claimed against the plaintiff. However, according to the above facts of recognition, the defendant B, the heir of the deceased, was the plaintiff, the heir of the deceased, for the plaintiff, 3,76,358 won (=8,170 won) (the principal amount = 8,635,705 won (the unpaid interest of less than 152,465 won) 】 3/7, and

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