A. In fact, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “this case’s judgment”) filed a lawsuit against the deceased B against the Changwon District Court 2004Kadan42831 claim amount and received a favorable judgment on April 7, 2005 (hereinafter “instant judgment”).

(2) On December 12, 2007, the judgment of this case became final and conclusive on May 3, 2005, and the details thereof are as shown in the separate sheet. 2) The Plaintiff acquired the claim for reimbursement against the network B, which became final and conclusive by the judgment of this case from Samsung Fire and Marine Insurance Co., Ltd., and notified the Plaintiff of the transfer of the above claim upon delegation by the transferor, Samsung Fire and Marine Insurance Co., Ltd., which was the transferor, around January 14, 2008.

3) The deceased died on December 17, 2013, and the Defendant, who is a kyman of the deceased, inherited the deceased B solely. On the other hand, the Defendant filed a report on the re-approval of inheritance with the Changwon District Court 2016Ra66 on the deceased’s inherited property, and the said court rendered a ruling accepting the Defendant’s report on the re-approval of succession on February 4, 2016. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1 and 2, evidence Nos. 1, 2, 3, 4, and 1 through 4, and the purport of the entire pleadings, as a whole, the entire purport of the pleadings.

B. According to the above facts of recognition, the defendant, as the heir of the deceased B, is obligated to pay to the plaintiff within the scope of the property inherited from the deceased, 38,836,30 won per annum from February 9, 2002 to January 18, 2005 by the judgment of this case, 5% per annum from February 9, 2002 to January 18, 2005, and 15% per annum from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. As to the claim for the completion of the extinctive prescription, the Defendant alleged that the Plaintiff’s claim for the transfer money was extinguished by the extinctive prescription, this case’s judgment became final and conclusive on May 3, 2005 is as seen earlier, and on April 20, 2015, before the lapse of 10 years from the Plaintiff.