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1.The judgment of the first instance shall be modified as follows:
The co-defendant E of the first instance trial shall be jointly and severally from the network F.
Reasons
1. Basic facts
A. The co-defendant E of the first instance trial concluded a loan transaction agreement with G Co., Ltd. on December 2, 1995 and borrowed KRW 20,000,000 on the joint and several guarantee of F;
(hereinafter “instant loan”). (b)
On December 30, 199, G transferred the instant loans to H Co., Ltd., and H transferred the said loans to the Korea Asset Management Corporation on December 28, 200.
C. The Korea Asset Management Corporation filed a lawsuit against F and Co-Defendant E with the Seoul Central District Court 2007Gada133239 in relation to the above claim for acquisition amount. On April 4, 2007, the above court rendered a decision of performance recommendation with the purport that "F shall pay to the Plaintiff 22,531,284 won and 19,094,309 won, jointly and severally with the Co-Defendant E of the first instance court, with the Plaintiff at the rate of 18% per annum from February 13, 1997 to the date of full payment." The above decision was delivered to F on May 28, 2007, and confirmed on June 12, 2007, the above court rendered a decision of performance recommendation with the purport that "F shall pay to the Plaintiff 2,531,284 won and 19,309 won per annum from June 23, 2007 to the date of full payment."
(hereinafter referred to as “previous executive title”). D.
On September 18, 2012, the Korea Asset Management Corporation transferred the claim for the instant loan to the Plaintiff.
E. On the other hand, the F died on August 20, 2009, and the co-defendant E, who is the spouse, succeeded to the above F’s property.
F. On November 17, 2009, the Defendants filed a report on the inheritance limited recognition with the Seoul Family Court Decision 2009Ra10242, and received a judgment from the above court on March 26, 2010.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2 (including provisional number), the purport of the whole pleadings
2. According to the above facts of recognition, the Plaintiff, jointly and severally with the Co-Defendant E of the first instance trial, is the transferee of the loan claim, and the network F.