대여금
The judgment of the first instance is modified as follows.
The plaintiff succeeding intervenor's defendant (appointed party) and the appointed party D.
1. Facts of recognition;
A. On June 27, 2003, the Plaintiff entered into a credit transaction agreement with the network E (hereinafter “the network”) with the terms of lending KRW 4,50,000 per annum 29.2% per annum, 35% per annum, and due date for repayment until November 24, 2003, and the Defendants jointly and severally guaranteed the network E’s obligations.
B. The Deceased failed to repay the above loan by the due date. The principal and interest remaining as of December 30, 2005 are KRW 8,173,581, and the principal and interest are KRW 4,469,808.
C. On December 24, 2008, the Plaintiff filed a suit against the Deceased and the Defendants with Busan District Court 2008Gaso568413 (hereinafter “instant suit”). On January 6, 2009, the said court rendered a decision of performance recommendation that “the deceased and the Defendants jointly and severally pay to the Plaintiff 8,173,581 won and 4,469,808 won with 35% interest per annum from December 31, 2005 to the day of full payment.”
(hereinafter “instant decision on performance recommendation”). The decision on performance recommendation was finalized on January 24, 2009 because the deceased and the Defendants did not raise an objection against the decision on performance recommendation of this case.
On March 17, 2017, the deceased died, and the deceased’s heir was D, who is the spouse, the Defendant C and the designated person who is the spouse. On September 28, 2017, the Busan Family Court rendered an adjudication to accept each of the reports on the renunciation of inheritance by Defendant C and the reports on the qualified acceptance by the designated person D.
(Resan Family Court 2017 Ma-Ma1934, 2017 Ma-Ma1935). (e)
On September 25, 2019, the Plaintiff’s succeeding intervenor acquired the claim for loans to the deceased (hereinafter “the instant loan claim”) in accordance with the assets transfer agreement with the Plaintiff. On November 14, 2019, the Plaintiff notified the Defendants of the assignment of the said claim, and around that time, the said notification of the assignment of claim reached the Defendants respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination: