beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The text of the judgment of the court of first instance is set forth.
Reasons
1. Facts of recognition;
A. Busan District Court Decision 2007Gaso267140 delivered on August 21, 2007 that "The Bank of Busan District Court changed its trade name to the Busan District Bank of Korea (the "UBK"), regardless of whether the trade name was changed to the "UBK"; hereinafter the "UBK" was decided on August 21, 2007 that "the deceased B would pay 1,130,000 won to the Busan Savings Bank and 20% interest per annum from July 14, 2007 to the day of full payment." The above decision became final and conclusive around that time.
B. Around December 6, 2008, the Deceased died, and the Defendant, as the only inheritor of the Deceased, filed a report on the re-determination approval as inheritance under the Busan District Court Family Branch Decision 2009Mo3734 on December 17, 2009, and the said court rendered a judgment to accept the said report on March 5, 2010.
C. The Busan Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 1,130,000 per annum from July 14, 2007 to September 30, 2015, the statutory interest rate of the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) and the annual interest rate of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) from the next day to the day of full payment.
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, but since the plaintiff reduced the claim in the trial, Paragraph 1 of the order of the court of first instance is therefore dismissed.