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1.The judgment of the first instance shall be modified as follows:
The defendant shall succeed to the property inherited from the deceased B.
Reasons
1. Basic facts
A. B entered into a credit transaction agreement with a foreign exchange credit card company (hereinafter “foreign exchange card”) and entered into a credit transaction agreement between June 30, 200 and October 4, 200, and paid KRW 1,300,000 on the foreign exchange card as of October 4, 200.
B. On March 7, 2003, the above claim against B of the foreign exchange card (hereinafter “the claim in this case”) was transferred to the first securitization specialized company, and on March 12, 2004, to the Busan Savings Bank (hereinafter “B”), and each of the above transfer was notified to B of the transfer of the claim.
C. The Busan Savings Bank filed a lawsuit against B against the Daegu District Court Decision 2006Gapo1277, which decided on February 22, 2006 that "B shall pay to the Busan Savings Bank the amount of KRW 1,300,000 and the amount of KRW 20% per annum from March 1, 2006 to the date of full payment." The above decision on performance recommendation was finalized on March 15, 2006.
B died on January 10, 2006, and the defendant inherited the network B as a child of the network B.
E. The Busan Savings Bank was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as the bankruptcy trustee on the same day.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 4, facts with merit in this court, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant, who solely inherited the net B’s obligations, is obligated to pay the principal amount of KRW 1,300,000 to the Plaintiff, the assignee of the instant claim, and damages for delay.
3. Judgment on the defendant's defense
A. The defendant's judgment on the defense of the expiration of the statute of limitations is asserted to have expired due to the completion of the statute of limitations, and thus, the Dok-dae and Busan Savings Bank filed a lawsuit against the deceased B.