Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. The D Association (hereinafter “D”) loaned KRW 190,000,000 to E on March 12, 1998, and the network C (hereinafter “the network”) jointly and severally guaranteed the above loan obligations on the same day.
D The prescribed rate of delay damages shall be 25% per annum.
B. D was declared bankrupt on May 16, 2003 in Ulsan District Court 2003Hahap9, and the Korea Deposit Insurance Corporation was appointed as D trustee in bankruptcy. On February 4, 2008, the Korea Deposit Insurance Corporation transferred the above loan claims to the Plaintiff, and around that time notified E and the deceased of the assignment of claims.
C. On May 19, 2009, the Plaintiff filed a lawsuit against E and the Deceased with the Ulsan District Court 2009Gahap3575, and on August 27, 2009, the above court rendered a favorable judgment against the Plaintiff: “E and the Deceased jointly and severally paid to the Plaintiff the amount of KRW 566,227,396 and the amount of KRW 189,982,123 per annum from December 27, 2007 to the date of full payment” to “the payment of the amount of KRW 25% per annum from December 27, 2007 to the date of full payment.” The above judgment became final and conclusive around September 2009.
As of May 24, 2019, as of May 24, 2019, the principal amount remains in KRW 157,672,218.
E. On July 2, 2019, the Plaintiff filed an application for the instant payment order for the extension of extinctive prescription of the foregoing judgment bond.
F. Meanwhile, the deceased died on October 3, 2013. The deceased’s senior heir was wife F, F, E, G, and H. However, on December 26, 2013, the deceased was adjudicated to accept the report of renunciation of inheritance in the case No. 2013-Ma1319, the Ulsan District Court 2013. The deceased’s next senior heir was tried to accept the report of renunciation of inheritance. The deceased’s next senior heir was tried to accept the report of renunciation of inheritance in the case No. 2014-Ma379, Ulsan District Court 2014. The Defendant was adjudicated to accept the report of renunciation of inheritance in the case No. 2014-Ma380 on August 7, 2014.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 5, Eul evidence 1 through 3 (including paper numbers, hereinafter the same shall apply)
each entry, whole pleading, or any other statement.