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Reasons
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(영문) 대구지방법원 2018.07.26 2018가단7723
대여금
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1. The Plaintiff:

A. Defendant A shall not exceed 48,784,548 won within the scope of the property inherited from the network E and 30,524.

Reasons

1. Facts of recognition;

A. The network E (hereinafter “the network”) concluded a loan contract with the Plaintiff as follows, and agreed to apply the Plaintiff’s basic credit transaction terms and conditions to the said contract.

1) On August 27, 2015, the date of loan commencement, KRW 200,000,000,000,000,000,000 loan, general driving funds for loan subjects (ever 15%) on August 25, 2017, the rate of overdue interest rate of overdue interest (ever 15%) on August 27, 2015, the date of loan commencement, KRW 300,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.

B. As of April 10, 2018, the Deceased lost the benefit due to the delayed payment of the Do and the interest due monthly payment, and due to the repayment of the principal and interest due, he/she shall pay the principal and interest at once, but shall bear the obligations as listed below.

C. On August 30, 2016, the Deceased died, and his inheritor has the Defendant A (the inheritance shares of 3/9), the spouse of the deceased, and the Defendant B, C, and D (the inheritance shares of 2/9).

On October 11, 2016, Defendants were tried to accept reports on the approval of the limited inheritance by the Daegu District Court 2016Ra2465.

Facts that there is no dispute over the basis of recognition, entries in Gap evidence 1 through 12, the purport of the whole pleadings

2. According to the determination and conclusion, within the scope of the property inherited from the network E, Defendant A is entitled to 48,784,548 won (i.e., KRW 146,35,645 won x 3/9, less than won x less than KRW 30,524,91 won (i.e., KRW 91,574,733 x 3/9) from April 11, 2018 to the date of full payment, and damages for delay calculated at the rate of 15% per annum from April 11, 2018 to the date of full payment, Defendant B, C, and D are entitled to 32,523,032 won (=146,353,645 won x 2/9) and 20,349,940 won among them (=91,574,730 won x 2/933 won) and 2/911.

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