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1. The defendant shall pay to the plaintiff KRW 80,66,505 as well as KRW 26,105,217 among them, from February 16, 2016 to the day of full payment.
Reasons
1. Facts of recognition;
A. B’s business network B has been engaged in laundry business in the name of “Claundry” since November 9, 1992.
B. On June 29, 199, AFFF agreed to lend KRW 30,00,000 to the deceased on June 29, 2004, interest rate of KRW 6.5% per annum, and delay interest rate of KRW 14.5% per annum, and to comply with the change of interest rate according to the circumstances of BFFFF.
C. On November 3, 2005, the deceased filed an application for individual rehabilitation with the Gwangju District Court (2005 Session 19415) and filed a list of individual rehabilitation creditors stating the balance of the loan principal of 30,105,000 won with the said court on November 3, 2005, and interest interest interest from October 21, 2005 to the full payment period, etc., and the decision to commence the individual rehabilitation procedure was made on November 11, 2005, and the above individual rehabilitation claim was confirmed without filing an application for a final claim inspection judgment within the objection period of Naju Agricultural Cooperatives. Accordingly, the above court chief clerk (Assistant) entered it in the list of individual rehabilitation creditors.
On October 13, 2009, B died after having left the Defendant, spouse D, children E, F, G, H, I and grandchildren. The above spouse and children both were accepted on February 17, 2010 of the report of renunciation of inheritance in the Family Branch of Gwangju District Court (2010 Madan60), and all the said grandchildren filed the report of renunciation of inheritance.
On the other hand, the Gwangju District Court rendered a decision to discontinue the rehabilitation procedure on March 8, 2010.
E. On September 23, 2015, NFF transferred the claim of KRW 26,105,217 in balance of the loan principal and KRW 52,784,00 in interest thereon to the Plaintiff, and sent a content-certified mail notifying the deceased on October 19, 2015. The content-certified mail was submitted as evidence A in this case and served on the Defendant on May 19, 2016.
F. On the other hand, interest accrued until September 22, 2015 on the balance of the transferred money claim.