1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 29, 1997, C applied for a payment order against D and E as Busan District Court 97 tea20629, and on September 30, 1997, the above court issued a payment order (hereinafter “instant payment order”) that “D and E jointly pay C 3,672,000 won and 25% interest per annum from the day following the delivery of the original copy of the payment order to C.

The above payment order was finalized on October 25, 1997.

B. Upon the death of E on June 3, 2013, C, upon the instant payment order, on June 29, 2016, upon the receipt of the instant payment order, upon D (the heir’s share 3/11), F, G, H and Defendant (each heir’s share 2/11), succeeded execution clause was granted, and the Defendant’s succeeding execution clause was served on July 4, 2016 on the Defendant.

C. On November 20, 2016, the Plaintiff, from C, assigned “67,636 won (=3,672,00 won x 2/11 (Shares in inheritance)”) to the Defendant and damages for delay at the rate of 25% per annum from October 11, 200 to the date of full payment (hereinafter “transfer of claims”), and C notified the Defendant of the fact of the transfer of claims by content-certified mail on January 3, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Defendant inherited the net E’s obligation by inheritance, and the Plaintiff acquired the claim against the Defendant from C pursuant to the assignment of the claim in this case, and thus, the Defendant is obligated to pay the Plaintiff the above amount to the Plaintiff.

B. The statute of limitations expired since the Defendant’s claim for the price of goods by the assignment of the instant claim was set by the three-year statute of limitations.

3. Determination

A. According to the facts of the judgment as to the cause of the claim 1, the plaintiff can be found to have received from C the claim for 667,636 won against the defendant and damages for delay from October 11, 200. Thus, the defendant is also liable to the plaintiff, barring special circumstances.