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1. Defendant B: 53,806,243 won to the Plaintiff and 5% per annum from July 22, 2004 to March 27, 2009.
Reasons
1. In fact, the Plaintiff jointly and severally guaranteed the Defendant’s above loan obligations at the time when the Plaintiff was granted a loan of KRW 200 million from the F Association on September 3, 1996 from the F Association under the name of the Livestock Development Fund.
Then, on July 22, 2004, the Plaintiff subrogated for KRW 107,612,486 to the Financial Cooperative.
E The deceased on June 14, 2006, and the heir of the deceased E (hereinafter “the deceased”) is only the Defendants, who are children, and the Defendants’ inheritance shares are 1/2, respectively.
On September 12, 2008, the court of first instance rendered a judgment accepting the Plaintiff’s claim that “The Defendant shall pay the Plaintiff 5% annual amount from July 22, 2004 to March 14, 2008, and the amount equivalent to 20% per annum from the next day to the day of full payment” (hereinafter “the pertinent judgment”), which states that “The Defendant shall pay the Plaintiff 53,806,243 won, and each of the above amounts, from July 22, 2004 to March 14, 2008, the Defendant shall pay the amount equivalent to 5% per annum from the next day to the day of full payment,” which was appealed by the Defendants, but the appellate court was sentenced to the dismissal judgment at the appellate court, and the relevant
(4) On October 19, 2018, the Plaintiff filed the instant lawsuit in order to extend the extinctive prescription of the claim against the damages for delay.
[Ground for Recognition: Unsatisfy, Evidence A No. 1-2, the purport of the whole pleadings]
2. Determination on the claim
A. According to the above facts, the lawsuit in this case is recognized as a re-litigation for the interruption of extinctive prescription, and barring any special circumstance, the Defendants are obligated to pay to the Plaintiff the amount of KRW 53,806,243, respectively, 5% per annum from July 22, 2004 to March 27, 2009, 20% per annum from the next day to October 25, 2018, and 15% per annum as requested by the Plaintiff from the next day to the day of full payment.
B. Defendant D’s assertion argues that the Plaintiff’s claim is unfair, since Defendant D was declared bankrupt and immunity.
Modern, Defendant D on June 15, 2012