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(영문) 광주지방법원 2018.04.20 2017가단21478
대여금
Text

1. The Plaintiff:

A. Defendant A shall not exceed 17,554,956 Won and its 16,500, within the scope of the property inherited from the network D.

Reasons

1. Facts of recognition;

A. On August 25, 2016, the Plaintiff loaned D a loan of KRW 10,00,000 to D on August 25, 2021 on a redemption date of KRW 7.59% per annum (hereinafter “the instant primary loan”). On September 29, 2016, the Plaintiff extended a loan of KRW 30,000,000 on September 25, 2021, with a redemption date of KRW 7.94% per annum (hereinafter “the instant secondary loan”).

B. At the time of the instant 1 and 2 loans, D agreed to pay the Plaintiff interest monthly, and to pay 15% (15% (15%) of the total amount of the loan, if installment payments are delayed once more than twice consecutively, as to the relevant installment payments, and as to the total amount of the loan, if the repayment is not made at the expiration date of the loan period or when the benefit of time is lost pursuant to Article 7 of the Framework Agreement on Credit Transactions by Banks.

C. However, D, as of May 23, 2017, lost the benefit of time due to the delinquency of interest on loans, and as of May 23, 2017, D, a total of KRW 38,502,00 (i.e., KRW 29,000 in the first and second loans (i.e., KRW 9,502,00 in the second loans) and KRW 2,459,565 in the sum of accrued interest (i.e., KRW 59,219 in the second loans of KRW 1,860,346 in the second loans of KRW 59,219).

On the other hand, D died on August 12, 2017, and as his inheritor, Defendant A, his spouse, inherited 3/7 of the deceased’s property, and 2/7 of the deceased’s property, his parents, and C, respectively.

(Child E of the deceased was subject to the Gwangju Family Court Decision No. 2017-Madan535, and the declaration of renunciation of inheritance was accepted on September 21, 2017).

Defendant A received a qualified acceptance report from the Gwangju Family Court on August 30, 2017, after having succeeded to the inheritance-limited approval ruling by the Gwangju Family Court as the 2017-Ma472, and Defendant B and C received the inheritance-limited approval ruling by the Gwangju Family Court as the 2017-MaMa636, and the qualified acceptance report was accepted on November 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, the purport of the whole pleadings

2. According to the above facts of recognition, it is inherited from the network D.

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