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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. C entered into a credit card transaction agreement with the LG card, and received a credit card from the LG card and received a loan using the credit card.
B. LG card transferred to the Plaintiff credit card loan claims against C, and the Plaintiff filed a lawsuit against Changcheon-si District Court 2007Gaso9456, Jincheon-si, Seoul District Court 2007Gaso decided that “C shall pay to the Plaintiff 19,267,870 won and 10,732,087 won with 17% interest per annum from June 20, 2007 to the date of full payment,” and the above judgment became final and conclusive around that time.
(hereinafter “Final Judgment of Preliminary Action”). (c)
C The deceased on December 30, 2015 (hereinafter referred to as “the deceased”), and the heir, there is Defendant A and Defendant B, the spouse of which is the spouse.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts of recognition, the Defendants, the inheritor of the deceased, are liable to repay their obligations to the Plaintiff according to their inheritance shares. As such, Defendant A, the deceased’s spouse, is liable to pay damages for delay calculated by the ratio of 15% per annum to KRW 22,789,543, and the principal amount of KRW 6,439,252, as to KRW 15,193,029, and the principal amount of KRW 4,292,835, as to KRW 15,193,029, and the principal amount of KRW 4,292,835, as of the base date of each Plaintiff’s claim, from October 25, 2017 to the date of full payment.
B. As to the above, the Defendants did not know whether they had a debt to the network C, and asserted that they could not respond to the Plaintiff’s claim since the Changwon District Court filed an appeal for adjudication of limited recognition inherited as the Jinwon District Court Branch 2018 Modan245.
However, in full view of the purport of the argument in Gap evidence No. 3, the defendants' request for a trial is stipulated in Article 1019(1) and (3) of the Civil Act.