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1. The defendant's loan case against the plaintiff was rendered by Busan District Court Decision 2009Da85683 decided Dec. 23, 2009.
Reasons
1. Basic facts
A. In Busan District Court Decision 99Da3497, Dong Branch of Busan District Court, which the defendant filed against C, sentenced on May 12, 1999 that "C shall pay to the defendant 40 million won and 24% per annum from November 3, 1998 to February 24, 1999, and 25% per annum from the next day to the full payment date." The above judgment became final and conclusive around that time.
B. C The deceased on February 8, 2009, and the deceased’s inheritors, including the plaintiff, (hereinafter “the deceased”) did not have the deceased’s active property in the list of inherited property on July 22, 2009, and the passive property is the deceased’s defendant.
The court of Busan Family Court declared that the principal of the obligation, 34,280,000 won, and damages for delay based on the judgment stated in the Paragraph, filed an inheritance limited acceptance report with the Busan Family Court Decision 2009Ra2230, and received an adjudication on acceptance of a qualified acceptance report from the above court on August 21, 2009.
C. On December 23, 2009, the Defendant filed a loan claim lawsuit against the deceased’s heir, including the Plaintiff, and was sentenced to the Busan District Court 2009Da85683 on December 23, 2009 that “within the limit of the property inherited from the deceased to the Plaintiff, the Plaintiff shall pay 24% per annum from November 3, 1998 to February 24, 199, 25% per annum from the next day to July 3, 2009, and 20% per annum from the next day to the day of complete payment (hereinafter “instant judgment”), and the above judgment became final and conclusive around that time.
According to the judgment of this case, the defendant received a seizure and collection order for the deposit claims held by the plaintiff against the financial institution, such as Busan Bank, etc. (the Busan District Court Branch Branch Decision 2017TTTTT 2051 and the seizure and collection order), and the above written decision was served on the plaintiff around that time.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3 (including branch numbers, if any), and oral arguments.