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1. The Plaintiff:
A. For Defendant A: 108,640,561 won and 58,307,602 won among them:
(b)the limits of 41,200,000 won;
Reasons
1. Facts of recognition;
A. On May 12, 2006, Solomon Mutual Savings Bank filed a lawsuit against Defendant A, B, and Non-Party Network D with Seoul Central District Court Decision 2005Da157452, and rendered a judgment on May 12, 2006 that "the defendant A shall pay to Solomon Mutual Savings Bank, the defendant A shall pay to 108,640,561 won, and 58,307,602 won among them, and the defendant B and D shall jointly and severally pay 54,249,680 won out of the above money and 28,307,602 won out of them to the defendant A and 28,307,602 won each of them shall be paid at the rate of 19% per annum from October 1, 2004 to March 22, 2006, and 2006."
(hereinafter referred to as "previous Judgment"). (b)
On April 26, 2011, Solomon Mutual Savings Bank transferred the claim based on the previous judgment to the Plaintiff. On May 19, 2016, the Plaintiff filed an application for the payment order (hereinafter “instant payment order”) against Defendant A, B, and network D with Seoul Western District Court Decision 2016 tea30468 (hereinafter “instant payment order”). The original copy of the payment order was served on May 10, 201 for Defendant A and B, and the Defendants raised an objection thereto, and was not served on the network D.
Accordingly, the payment order of this case was executed as the lawsuit of this case.
C. Meanwhile, the deceased on April 19, 2010, the deceased on the other hand, and the inheritor had E (F prior to the name of the deceased) and Defendant C, and E received the adjudication on renunciation of inheritance on August 4, 2010 from Busan District Court Family Court Decision 2010Ra1977, which became final and conclusive on August 12, 2010, and Defendant C was the Busan Family Court Decision 201Hu361, Jul. 22, 2011, and the said adjudication became final and conclusive on August 3, 2011.
[Ground of recognition] Facts without dispute, Gap evidence 4-2, Gap evidence 5, Eul evidence 1-3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, Defendant A and Defendant A with respect to KRW 108,640,561 and KRW 58,307,602 among them, Defendant B and Defendant C jointly and severally with Defendant A and C, and Defendant B with respect to KRW 28,307,602 of the above amount.