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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. Determination on the cause of the claim
A. The facts of recognition 1) Seoul Bank Co., Ltd. (hereinafter “SaB”);
) On May 22, 1997, C extended a loan of KRW 5 million to D on May 22, 1997, with a joint and several surety of C, with a maturity of KRW 5 million on May 22, 1998, at the rate of 13% per annum, and at the rate of delay interest rate of 23% per annum (hereinafter “instant loan claim”).
(2) On September 17, 1997, the Plaintiff filed a lawsuit against D and C seeking the payment of the acquisition amount under the court 2003 Ghana1239241 on or around 2003 after receiving the instant loan claim from the bank from the non-party bank. On June 10, 2003, the above court rendered a judgment that “C shall pay to the Plaintiff 6,792,327 won and its 5,000,000 won with 25% interest per annum from August 1, 1999 to the date of full payment,” and the above judgment of the same year is delivered.
6. 27. The decision was finalized as is.
(C) On September 15, 201, C died on September 15, 201 (hereinafter “the deceased”).
(B) Defendant B, the spouse of Defendant A, and the co-defendant E, and F, jointly inherited the deceased’s property. [In the absence of any dispute over the grounds for recognition, the entries in Gap evidence 1, Gap evidence 2-1, Eul evidence 2-2, and Gap evidence 5, the purport of the entire pleadings.
B. According to the above facts of determination, as the heir of the deceased, who is a joint and several surety of the loan of this case, the Defendants ordered that the Defendant A pay damages for delay at the rate of 19% per annum from August 1, 1999 to the day of full payment, but the Plaintiff is entitled to damages for delay at the rate of 19% per annum from August 1, 1999 to the day of full payment (as the Plaintiff is entitled to damages for delay at the rate of 19% per annum, 3/99 and 16,666,50,327 won [=6,792,327 won x 12,758,630 won x 4,650 days x 4,365 days x 365 days x 195% per annum, 209, 3019, 205, 194, 2019) x 105,3019).