1. The Defendants: (a) to the extent of the property inherited from the network C, KRW 37,397,710, respectively, and KRW 17,414, respectively, to the Plaintiff.

Facts of recognition

A. A. Around October 28, 2009, D entered into a loan agreement (hereinafter “instant loan agreement”) with the Plaintiff (the trade name at the time was “Treatment Capital Co., Ltd.”) on a yearly interest rate of KRW 68.488,00 as the purchase price of a motor vehicle; interest rate of KRW 12% per annum; interest rate of KRW 24% per annum; and interest rate of interest was loaned and paid in installments for 60 months; and the network C (hereinafter “the deceased”) jointly and severally guaranteed the obligation under the instant loan agreement against the Plaintiff.

B. From May 8, 2012, D began to pay back the obligation under the instant loan agreement. The remaining principal and interest under the instant loan agreement are KRW 74,795,421 as of June 21, 2017 (i.e., the principal and interest of KRW 34,828,075 at interest rate of KRW 4,078,787 at interest rate of KRW 35,88,59).

C. Meanwhile, the Deceased died on February 11, 2012, and the Defendants jointly inherited the Deceased, a child of the Deceased.

On April 3, 2012, the Defendants reported an inheritance limited recognition as the Daegu Family Court No. 2012Ra842, and the said court accepted this on April 12, 2012.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings are as follows. According to the above facts, the deceased, as joint and several liability, is obligated to pay the plaintiff damages for delay of KRW 74,795,421 and the principal amount of KRW 34,828,075. The deceased's joint and several liability obligation is a separate obligation, and it is divided into the Defendants, who are co-inheritors of the deceased, according to their statutory shares of inheritance.

However, the fact that the Defendants filed a report on the recognition of the inheritance limit and accepted the report is as recognized earlier. Therefore, the Defendants’ liability is limited to the scope of the property inherited from the Deceased, and the Defendants are liable to perform the said obligation within the scope of the inherited property.

Therefore, the Defendants: (i) KRW 37,397,710, respectively, to the Plaintiff within the scope of the property inherited from the Deceased (i.e., KRW 74,795,421 x KRW 1/2; and (ii) KRW 17,414,037 = 34,828.