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1. The judgment of the first instance, including any claims added at the trial, shall be modified as follows:
Reasons
1. Basic facts
A. On November 1, 2006 and November 17, 2006, the Plaintiff lent 3% interest per month to Q, and 10 million won per month after the maturity of each one month. The Selection Party B lent to Q on April 30, 2007 a certain amount of KRW 20 million after five months. The Plaintiff jointly and severally guaranteed the respective loan obligations of Q to the Plaintiff, etc.
B. Q did not repay each of the above loans.
C. Around October 20, 2010, theO died. L, children, L, F, S, and I renounced inheritance on January 18, 201, which are the wife of theO, and Defendant G et al., who are the (foreign) grandchildren of theO, jointly inherited the property of theO in proportion to the shares of 1/5, and filed a report on the inheritance approval on December 4, 2012.
Defendant N is the omission of J and K’s external third village and O. M.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 10, 21 evidence, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. Determination as to the claim against Defendant G, etc.
A. According to the facts acknowledged before the judgment on the cause of the claim, Defendant G, etc., the O’s property heir, is deemed to have succeeded to limited joint and several debt obligations of theO against the Plaintiff, etc., barring any special circumstance, the Plaintiff, etc. is obligated to pay the amount equivalent to 1/5 of the respective inheritance shares out of the above loans, and interest for delay thereof, within the scope of the inherited property inherited from theO.
B. Determination 1 on the grounds of extinctive prescription of Defendant G, etc. 1) Defendant G, etc. filed the instant lawsuit on April 30, 2007, when Q Q’s debt to the Plaintiff, etc. jointly and severally guaranteed by theO, and on November 20, 2012, the five-year extinctive prescription period from September 30, 2007, when Q paid the last interest to the Plaintiff, and the period for payment of the debt to the Selection B, respectively, was expired, and thus, the Plaintiff, etc.’s each claim has expired. (2) The instant lawsuit was asserted to the effect that the extinctive prescription period for each claim of the Plaintiff, etc. was expired.