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(영문) 광주지방법원 2015.08.18 2015가단14179
대여금 등
Text

1. Defendant A, within the scope of the property inherited from Nonparty A D, shall not exceed KRW 25,881,705 and 24.

Reasons

1. Facts of recognition;

A. On September 19, 2012, the Plaintiff entered into a general loan transaction agreement with Non-Party D (hereinafter “the deceased”) with the household loan agreement (hereinafter “instant loan transaction agreement”) and made a loan to the deceased at the rate of 3.51% per annum MF (market interest rate) and 3.51% per annum MF (market interest rate) and as of September 12, 2013 when the loan period expires, the deceased did not pay interest at the due date, or when the deceased did not repay his/her obligation at the due date or lost his/her profits, the Plaintiff agreed to pay damages for delay pursuant to the Plaintiff’s fixed compensation rate for delay (17% per annum, and 15% per annum from February 11, 2015 to the present date). When the deceased failed to repay his/her obligation during the loan period or paid his/her interest, or when the deceased or his/her property provided as security is lost due to a provisional seizure or provisional auction agreement.

B. On September 12, 2013, the Plaintiff and the Deceased entered into each additional transaction agreement by changing the expiration date of the loan period under the instant loan transaction agreement to MPR 12.47% until September 12, 2014, to MPR 12.47% on September 30, 2014, to 24 million won on September 30, 2014, and to MPR 128.58% on September 12, 2015, respectively.

C. Meanwhile, on August 29, 2012, the Deceased subscribed to the Plaintiff’s credit card member, and the card price shall be paid on the 12th day of each month, and if it is unable to make payment on the payment date, it has been used under a credit card agreement to pay damages for delay at the rate of damages for delay prescribed by the Plaintiff (28% from May 1, 2003 to the present day).

From December 9, 2014, the Deceased lost the benefit of time due to his/her failure to pay interest on loans under the loan transaction agreement of this case. On November 12, 2014, the Deceased failed to pay the card price of KRW 557,899, and on March 26, 2015.

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