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1. The Defendant (Counterclaim Plaintiff) is entitled to KRW 76,15,115 within the scope of property inherited from the deceased (Counterclaim Defendant) to the Plaintiff.
Reasons
1. In light of the overall purport of each statement of evidence Nos. 1 through 3 (including the branch number) in the main lawsuit and counterclaim, the Defendant, the spouse of which died on Nov. 9, 2012 and received a loan with the agreement of KRW 60 million from the Plaintiff on July 25, 2005 as the term “family general loan” at the rate of 17% per annum from the Plaintiff on July 25, 2013; ② the Defendant, the spouse of the deceased on Feb. 27, 2013, obtained an adjudication of the Busan District Court 2013Hun-Ma188 on February 27, 2013 (including the deceased’s children CD, who are co-inheritors, renounced inheritance); ③ the Plaintiff’s total amount of principal and interest of the deceased’s savings account under the name of the deceased on Jun. 14, 2013, and the principal and interest of the loan at the rate of 15% per annum 1481,517.7
2. The defendant asserts that, since the court having jurisdiction over the defendant's domicile was Busan District Court, the jurisdiction of this case is in accordance with Articles 2 and 3 of the Civil Procedure Act, and therefore, the lawsuit of this case filed in this court without jurisdiction is unlawful.
In light of the overall purport of the evidence presented earlier, the provision on “the agreement of the competent court” among the credit transaction basic terms and conditions applied at the time of the conclusion of the instant loan contract between the Plaintiff and the Deceased is as follows: (a) in case where non-performing loans have occurred due to the debtor’s responsible causes, and the bank transfers its claims management to its principal office, regional headquarters, or other business offices, it shall not only be the competent court as provided by the Act, but also the district court at the seat of the transferred principal office, regional headquarters, or other business offices, to the competent court.”