A. The deceased C (hereinafter “the deceased”) died on May 2, 2015, and D and E, a spouse of the Plaintiff and the deceased, jointly inherited the deceased according to their statutory inheritance ratio.

B. Meanwhile, in the case where the deceased filed a loan claim against the defendant with Daejeon District Court 2005Kadan48960, the above court rendered a judgment on February 8, 2006 that "the defendant shall pay to the deceased the amount of KRW 34 million and the amount of 5% per annum from January 1, 2005 to December 19, 2005, and 20% per annum from the next day to the date of full payment" and the above judgment was finalized on March 7, 2006.

(2) The Plaintiff, D, and E agreed on the division of inherited property with the purport of holding a claim under the final judgment of this case solely owned by the Plaintiff, as the Plaintiff did not have any dispute (hereinafter “the final judgment of this case”), and the claim under the final judgment of this case is solely reverted to the Plaintiff.

On the other hand, the plaintiff has a benefit to file the lawsuit in this case for the interruption of prescription of claims according to the final judgment of this case.

Therefore, the defendant sought the payment of the money stated in the claim.

Judgment

First, in light of the language and text of evidence Nos. 2 and 3 (each letter of agreement on the division of inherited property), it is difficult to deem that the Plaintiff, D, and E agreed on the division of inherited property with the content that the Plaintiff would own the claims of the Deceased under the final judgment of this case solely, and there is no other evidence to acknowledge otherwise.

Even if the Plaintiff, D, and E agreed on the division of inherited property, barring any other special circumstance, the claim based on the final judgment of the instant case is a separate claim, and thus, is naturally divided into and divided into co-inheritors according to the statutory share of inheritance, and is subject to division of inherited property.