양수금
1.The judgment of the first instance shall be modified upon a request that has been modified in the trial as follows:
The defendant is net for the plaintiff.
1. Facts of recognition;
A. A. Around April 29, 2000, Nonparty C (hereinafter “the network”) concluded a loan agreement of KRW 1,000,000 with the Sea Credit Depository, respectively, and a loan agreement of KRW 1,000,000 with the Daeyang Mutual Savings and Finance Company.
B. After that, on May 31, 2012, the above loan claims against the Defendant were transferred to the Plaintiff (hereinafter “Defendant Credit Counseling Fund”) through the Reorganization Bank Corporation, the Korea Stock Company, and the Plaintiff on May 31, 2012, respectively, and each notification of the transfer of claims was made by the transferor or the transferee delegated with authority at the time of the said transfer.
C. The remaining principal and interest on the instant loan as of November 11, 2014 are KRW 6,563,519 in total (= Principal KRW 2,282,080 or KRW 4,281,439).
On the other hand, the deceased died on October 21, 2009 and succeeded to the property of the deceased, and the defendant filed a report on the inheritance limited approval with the Busan District Court Branch 2009Mo1106, which was accepted on March 24, 2010.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 (including satisfy number), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant, who approved the inheritance limited rate, is obligated to pay damages for delay calculated at the rate of 17% per annum from November 12, 2014 to the date of full payment, as to the sum of the principal and interest of the instant case and the principal amount of KRW 6,563,519 within the scope of the property inherited from the Deceased, and 2,282,080 within the scope of the property inherited from the Deceased.
3. Accordingly, the plaintiff's claim that was changed in the trial to claim payment of the above money against the defendant within the scope of inheritance limited approval is justified, and the judgment of the court of first instance shall be modified upon the claim that was changed in the trial.