Text
1. The plaintiff
A. As to Defendant C’s KRW 23,639,518 and KRW 22,256,406 among them, B.
Defendant D shall be 15,759,679 won and its.
Reasons
1. Facts of recognition;
A. On February 6, 2014, the Plaintiff entered into a loan transaction agreement with E, setting the lending limit of KRW 50,000,000, the lending period of KRW 21,000,000, and January 19, 2016, the lending period of KRW 21,000,000, and the lending period of January 19, 2016, and the respective interest rates and delay damages rate of the Plaintiff bank at the prescribed rate of the Plaintiff bank.
B. E loses the benefit of time due to the failure to repay each of the above loans by the due date. By August 9, 2017, E does not pay 37,094,010 won in total, 2,305,187 won in total, and 39,39,197 won in total, and the current rate of damages for delay by the Plaintiff is 15% per annum.
C. On April 14, 2016, E died and jointly inherited at the ratio of 3/5,2/5, and 2/5 of each inheritance shares of Defendant C and Defendant D, his wife, respectively.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff 23,639,518 won (=39,399,197 x 3/5) and 23,456,406 won among them (=37,094,010 x 3/5). Defendant D is obligated to pay damages for delay calculated at the rate of 15% per annum, which is the agreed damages rate from August 10, 2017 to the day of full payment (=39,39,197 x 1972/5) and 14,837,604 won among them (=37,094,094,010 x 2/5) and 14,837,604 won among them.
3. Thus, the plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.