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1. The Plaintiff:
A. Defendant A shall pay full amounts of KRW 340,619,215 and KRW 172,839,866 among them from October 8, 2012.
Reasons
In fact, Defendant A entered into a credit transaction agreement with the Central Busan Mutual Savings Bank Co., Ltd. on June 3, 2010 (Guarantee Limit 897,00,000,000) to provide credit limit amount to 690,000,000,000 per annum of June 3, 201, and 25% per annum of the overdue interest rate of 7.8% per annum of June 3, 201, and received a loan from the said Savings Bank.
On August 26, 2011, the Plaintiff acquired the claim for the above loans against Defendant A and deceased C by means of a decision to transfer a contract by the Financial Supervisory Commission pursuant to Articles 14(2) and 14-2(1) of the Act on the Structural Improvement of the Financial Industry.
The principal and interest of the above loan that was not paid as of October 7, 2012 are KRW 340,619,215 (=the principal and interest of the loan principal KRW 172,839,866).
The deceased C died on March 27, 2013, and his heir D and B, who is the spouse, were the Defendant A, the child, and the Defendant B, but the Defendant B reported the inheritance-limited approval to the deceased C on April 8, 2013, as the Gi Government District Court Decision 2013Ra-Ma868 on April 8, 2013.
【In light of the above facts without any dispute, Gap’s statements in Gap’s 1 through 5 (including a branch number if there is a serial number), and the ground for claim as a whole, the court below held that the plaintiff is liable to pay damages for delay of KRW 172,839,866 of the loan principal and interest of the above unpaid debt and the loan principal of KRW 340,619,215, and the damages for delay of KRW 172,866 of the loan principal and interest of the above unpaid debt. The defendant Eul is jointly and severally liable with the defendant A to pay damages for delay at the rate of KRW 97,319,75 (=340,619,215 x less than KRW 2/7,000 x less than KRW 2/7, but less than KRW 49,382,818 won (=172,839,866 x 2/76) and damages for delay from the following day of the above outstanding debt.
The defendant B, who made a qualified acceptance as the heir of the judgment network C on the defendant B's assertion, is deceased.