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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by each party.
3. The judgment of the court of first instance is ordered.
Reasons
1. Basic facts
A. C extended a loan of KRW 1,00,000 from the Dongdong Credit Depository, Inc. on May 4, 200 to November 3, 2000 during the lending period, and the interest rate is the rate determined by the Seadong Credit Depository (24% per annum at the time of lending, and 29% per annum per annum).
B. On April 26, 2006, the Korea Deposit Insurance Corporation filed a lawsuit against C with the Seoul Central District Court No. 2006da1350729 against the Plaintiff seeking payment of the remaining principal and interest of the loan claim. On February 23, 2001, the above court decided to recommend performance that “C shall pay to the Plaintiff the amount of KRW 1,00,000 and the amount calculated by the rate of 29% per annum from the next day to the date of the delivery of the copy of the complaint in this case, and the amount calculated by the rate of 20% per annum from the next day to the date of full payment.” The above decision was served to C on July 3, 2006, and was finalized on July 19, 2006.
C. On June 30, 2009, the Korea Deposit Insurance Corporation of the Korea Deposit Insurance Corporation of the Maritime Credit Depository, Inc., the bankrupt, entered into an asset transfer agreement, including the above loan claims, with the Plaintiff (the Korea Deposit Insurance Corporation prior to the change) and transferred the above loan claims to the Plaintiff, and notified C of the assignment of claims on August 14, 2009.
C Deceased on November 20, 2013, the Defendant (the appointed party, hereinafter “Defendant”) (the appointed party, hereinafter “Defendant”) (the appointed party), B, E, F, and G inherited the property of the said C.
E. On February 2, 2017, the Defendants and the designated parties filed a report on the inheritance limited recognition with the Seoul Family Court Decision 2017Radan971, and received the said judgment from the said court on September 6, 2017.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence (including paper numbers), the purport of the whole pleadings
2. According to the facts of the above recognition, the Plaintiff, the assignee of the loan claim, within the scope of the property inherited from the deceased C, and the Selection D shall be 230,769 won =1.