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(영문) 부산지방법원 2020.06.04 2019가단19876
대여금
Text

1. The defendant shall, within the scope of the property inherited from the deceased C, not exceed 75,904,287 won and 47,306 among them.

Reasons

1. Basic facts

A. The net C (hereinafter referred to as “the network”) obtained a loan of KRW 50,000,00 (hereinafter referred to as “third loan”) from the Plaintiff on July 16, 2018, with the due date fixed on July 16, 2023. Around August 1, 2018, the net C (hereinafter referred to as “the network”) obtained a loan of KRW 27,000,000 (hereinafter referred to as “second loan”) as of August 1, 2019 for the due date, and received a loan of KRW 13,165,068 (hereinafter referred to as “third loan”) on August 7, 2018, with the due date fixed on July 21, 2023.

Article 7(2) of the General Terms and Conditions for Bank Credit Transactions applicable to each of the above loans provides that “Where an obligor delays the payment of interest for one month from the time when the obligor is liable to pay the interest, or delays the payment of the principal and interest on installment payments or installment payments on at least two consecutive occasions, the obligor is obligated to pay the interest, as a matter of course, by losing the benefit of the time limit for the relevant obligation.”

B. The Deceased lost a fixed period of interest by delay in the payment of interest on loans 1 through 3 for more than one month, or by delay in the payment of the installment repayment or the installment repayment principal on more than two consecutive occasions, and on November 1, 2019, the principal and interest on the non-payment of the first loan as of November 1, 2019 is 49,465,950 won (i.e., principal and interest on KRW 47,306,338, interest on delay or damages for delay, 2,159,612), and on October 31, 2019, the unpaid principal and interest on the second loan as of KRW 26,106,593 (= Principal and interest on the non-payment of the second loan as of October 31, 2019) are 26,574,108 won or damages for delay.

On the other hand, the contractual delay damage rate of the first loan is 7.01% per annum, and the contractual delay damage rate of the second loan is 9.27% per annum.

C. As the Deceased died on February 10, 2019, D, E, and F, who are the deceased’s children, renounced inheritance. The Defendant, who is the deceased’s spouse, filed a report on the inheritance recognition with the Changwon District Court’s Jinju Branch Branch 2019Mo166 on April 5, 2019, and the said report on the qualified acceptance was accepted on April 9, 2019, and became the deceased’s sole inheritor.

[Ground of recognition] A.

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