A. Defendant A, B, C, E, and F are subject to KRW 25,282,878, respectively, within the scope of the property inherited from the net G.

A. On December 15, 1996, the Korean Automobile Sales Co., Ltd. (the trade name was changed to Daewoo Co., Ltd.) entered into a contract for automobile installment sales with H on the amount of KRW 36,000,000 of the principal to be paid, KRW 36,000, and KRW 24% per annum between H and H on December 15, 1996. G and I provided joint and several sureties for the above obligation.

On April 9, 1997, H, G, and I jointly issued a promissory note of KRW 47,520,000 at the face value to the Korean Automobile Sales Co., Ltd. in order to secure the above installment obligations.

B. On September 1, 2003, Korea Automobile Sales Co., Ltd. transferred the foregoing part of the claim (hereinafter “instant claim”) to the Plaintiff on October 31, 2012.

C. As of October 31, 2012, the instant claim remains in KRW 151,697,271 in total, the principal amount of KRW 34,172,218, overdue interest of KRW 117,525,053.

On the other hand, G died on June 4, 2007, and the Defendants, their children, succeeded to the deceased’s property.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendants, who jointly succeeded to the obligations of the deceased G, is obligated to pay damages for delay to the Plaintiff, the assignee of the instant claim, the principal and interest of which are KRW 25,282,878 (i.e., KRW 151,697,271 x KRW 1/6, and less than KRW 1/6) and the principal amount of which are KRW 5,695,369 (i.e., KRW 34,172,218 x 1/6).

B. The Defendants asserted that the statute of limitations defense of Defendant A, B, C, E, and F had expired, and thus, the instant claim was filed on May 12, 2016, which was five (5) years after the date of occurrence or repayment of the claim, and on the other hand, the instant lawsuit was filed on May 12, 2016.