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1. The part of the judgment of the court of first instance against the defendant is modified as follows.
The defendant is against the plaintiff B.
Reasons
1. Determination as to the cause of claim
A. Fact 1) On September 30, 2005, the Plaintiff (former Corporate Reorganization and Financial Corporation: hereinafter “First Loan”) loans from the bankruptcy trustee of the former Extraordinary Central Credit Cooperatives to C (principal debtor), B (joint guarantor), and D (joint guarantor) on June 30, 1999 (principal principal 7,00,000, interest rate of 12.9% per annum, interest rate of 12.9% per annum, interest rate of 18% per annum, and interest rate of 18% per annum; hereinafter “First Loan”).
(2) The loan of June 1, 200 ( principal of KRW 10,00,00,000 per annum, interest rate of 12.5% per annum, interest rate of 18% per annum for delay, and hereinafter “second loan”) and June 1, 200.
(2) The Plaintiff succeeded to the loan claim lawsuit between C, B, and D (the Gwangju District Court 2005Gau35743) and the above trustee in bankruptcy, and was sentenced on June 27, 2006 to the effect that “C, B, and D shall jointly pay to the Plaintiff the amount of KRW 16,915,288 and the amount of KRW 18% per annum from January 1, 2001 to the date of full payment.” The above judgment was finalized on July 26, 2006, and the main debtor C jointly succeeded to C’s property on August 2, 2009; and B died on March 28, 2012, the Plaintiff jointly succeeded to C’s property.
3) The Plaintiff filed the instant lawsuit against D, E, F, G (the co-defendants of the first instance trial above) and the Defendant for the extension of the prescription period of the above judgment claim. (4) On May 23, 2016, the Defendant was adjudicated to accept the report of inheritance limited recognition as the heir of the deceased B as the Gwangju District Court’s 2016-Ma401.
5) Meanwhile, as of May 27, 2009, the primary loan claims amounting to KRW 15,804,111, including the principal amount of KRW 5,369,37, interest KRW 10,434, interest KRW 10,434, etc. as of May 27, 2009. The secondary loan claims amount to KRW 20,515,880,00, including the principal amount of KRW 3,217,834, interest KRW 17,834, interest KRW 17,298,046, etc. as of March 8, 2012.
B. The above facts of recognition are examined.