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1. Of the judgment of the first instance, the part against the Defendants in the judgment shall be modified as follows:
The Defendants are co-defendants in the first instance trial.
Reasons
1. Facts of recognition;
A. On March 22, 1997, the Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. borrowed KRW 30 million from the Eastern Bank as of March 22, 1998, and C jointly and severally guaranteed that limit was KRW 39 million with respect to the above company’s loan obligations.
B. On June 25, 2003, the Plaintiff received a judgment against the Defendants, the inheritor, and the co-defendants of the first instance court on June 25, 2003, that “Defendant D’s wife” was paid KRW 6,157,894, and Defendant E, F, B, and the Defendants, respectively, KRW 4,105,263,” and the above judgment became final and conclusive on August 14, 2003.
(hereinafter “final judgment of this case”). C.
D, Co-Defendant E, F, and B of the first instance court, on February 6, 2002, filed a qualified acceptance report with the Changwon District Court Heading 2002Jaman15 on February 6, 2002 and filed a qualified acceptance report under the same year.
3.4. The above court was tried to accept it;
The Defendants, on December 23, 2013, filed a qualified acceptance report with the Changwon District Court Heading the Changwon District Court 2013-Ma494, and was tried to accept it on January 23, 2014.
E. Meanwhile, D died on September 19, 2006, and D is the Defendants and co-defendant E, F, and B’s successors.
2. According to the above facts of recognition, the defendants are obligated to pay to the plaintiff 5,36,841 won [2,231,578 won in their share of inheritance among the final and conclusive debt amount of KRW 4,105,263 against the defendants (=6,157,894 won x 1/5, and less than KRW 1/5)], as requested by the plaintiff, the amount of damages for delay calculated at the rate of 20% per annum from January 16, 2014 to the date of full payment, which is the day following the date of the final delivery of the purport of the claim of this case and the statement of cause modification, to the day of full payment.
3. Thus, the plaintiff's claim against the defendants reduced in the plaintiff's trial is justified, and the judgment of the court of first instance is unfair in its conclusion.