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1. The plaintiff's claim is dismissed.
2. The Defendants are jointly and severally liable, and Defendant C shall be entitled to the property inherited from the network D.
Reasons
1. Common factual relations;
A. On May 30, 2006, the Korea Lease Credit Guarantee Co., Ltd. filed a lawsuit against Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the network D, and sentenced on May 30, 2006, “The Defendant Co., Ltd. and the network D jointly pay to the Plaintiff the amount calculated at the rate of KRW 370,954,267 per annum from March 25, 2006 to the date of full payment, and the said judgment became final and conclusive around that time.”
B. Since then, on May 27, 201, Korea Lease Co., Ltd. transferred claims based on the said final judgment to the Intervenor succeeding to the Plaintiff and notified the transfer, respectively, on July 8, 201, and the Plaintiff transferred claims based on the said final judgment to the Intervenor succeeding to the Plaintiff on December 16, 2016.
C. The network D died on April 2, 2006 and Defendant C, one of them, succeeded to the property solely.
【Ground for recognition】 Evidence Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings
2. The fact that the Plaintiff transferred his claim against the Defendants to the Intervenor succeeding to the Plaintiff is identical to that acknowledged earlier. Thus, the Plaintiff’s claim is without merit without any need to examine further.
3. According to the above facts of recognition as to the claim of the plaintiff succeeding intervenor, since the plaintiff succeeding intervenor acquired the claim based on the above final judgment in succession, the defendant company and the defendant C, who succeeded to the defendant company and the network D jointly and severally, are liable to pay the plaintiff succeeding intervenor the 30 million won claim as part of the claim and the damages for delay at the rate of 20% per annum from March 25, 2006 to the date of full payment.
However, according to the statement in Eul-B evidence No. 1, the defendant C applied for the re-determination of inherited property related to the deceased's inheritance as Cheongju District Court Decision 2011-Ma191, and received a judgment on December 2, 2011. Thus, the defendant C is within the scope of the property inherited from the deceased.