logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2021.03.30 2020가단330814
대여금
Text

The defendant shall not exceed 38,825,707 Won and KRW 37,734,878 of this title within the scope of the property inherited from the net F.

Reasons

1. Facts of recognition;

A. The Plaintiff, as an affiliate of G (H bank), is a specialized credit finance business company specializing in the business of personal credit loans, facility leasing business (lease), installment financing business, corporate loans, factoring, discount bills, over-to-face discussions, etc. with the authorization and permission from the Financial Supervisory Service based on the law of credit-specialized financial business.

B. On March 23, 2020, the Plaintiff loaned a loan of KRW 38.5 million to the net F (hereinafter “the Deceased”) at the rate of 60 months from the date of the loan, the loan interest rate of KRW 19.9%, and the overdue interest rate of KRW 22.9%. However, on July 10, 2020, the Deceased notified the Deceased that the interest was not repaid after July 10, 2020, and the benefit was lost as of July 31, 2020.

(c)

The deceased’s money to be paid to the Plaintiff in relation to the instant loan amounting to KRW 38,825,707 (i.e., the principal amount of KRW 37,734,878 and other expenses 1,328,402 and other expenses (237,573).

(d)

The deceased has been the inheritor with the defendant who is his parents, but I was the inheritor, and on August 10, 2020, he was judged to accept the renunciation of inheritance from the Gangseo branch court of the Chuncheon District Court, and the defendant was judged to have inherited inheritance from the same court on August 25, 2020.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant, who was judged to have inherited property, is obligated to pay to the plaintiff interest in arrears calculated at the rate of 22.9% per annum from August 5, 2020 to the day of complete payment for KRW 38,825,707 and its KRW 37,734,878, within the scope of the property inherited from the deceased.

The defendant asserts to the effect that the plaintiff's claim of this case should be dismissed in its entirety, since the defendant was judged to waive inheritance. However, as recognized in the above paragraph 1, the defendant was judged to accept the waiver of inheritance, not to receive the adjudication to accept the waiver of inheritance.

In this regard, the limitation of inheritance is not limited to the existence of the obligation, but limited to the scope of the responsibility.

arrow