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1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:
Attached Form
List 1, 3.3.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1 against B had a claim based on the judgment in this Court Decision 2006Da440236 against B, such as credit card use fee, etc.
For the purpose of the extension of the prescription period of the above judgment claim, the Plaintiff applied for a payment order under this court 2016 tea17473 and applied for payment order on May 3, 2016 to the Plaintiff on 25,733,681 won and 22,381,042 won among them, 21% per annum from November 25, 2006 to the date of full payment, 2,425,248 won per annum from November 25, 2006 to December 18, 2006, and 20% per annum from December 19, 2006 to the date of full payment. The above payment order became final and conclusive on June 3, 2016.
2) As of March 6, 2017, B, as of March 6, 2017, is obligated to pay to the Plaintiff the “72,889,35 won and 24,706,290 won among them, calculated by the rate of 15% per annum from March 7, 2017 to the date of full payment. B) mother D (hereinafter “the deceased”) B (hereinafter “the deceased”) was killed in the state of B, F, Defendant, G, and H, and the said inheritor, on March 12, 2016, entered in the separate list of inherited property (hereinafter “each real estate of this case”) in which the Defendant solely owned inherited property.
(hereinafter “instant agreement on division of the inherited property” (hereinafter “instant agreement”). 2) After December, 2016, the registration of the Seoul Central District Court’s registry No. 170189 was received on August 22, 2016 with respect to the instant real estate No. 2 through 4, and the registration of the transfer of ownership in the Defendant’s name was completed on August 11, 2016, with respect to the instant real estate No. 32565, each of which was received on August 11, 2016.
3. On the other hand, at the time of the division consultation of the above inherited property, the maximum debt amount of KRW 42,00,000,000, the debtor, the deceased, and the Light Bank Co., Ltd. established the right to collateral security, but the above right to collateral security was transferred to the defendant.