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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is ordered.
Reasons
1. Facts of recognition;
A. D entered into a loan transaction agreement with Samsung Capital Co., Ltd. on November 24, 2001, as listed below, and the above contract concluded that it would follow the rate of delay damages applying the basic credit transaction terms and conditions, and C jointly and severally guaranteed the above obligations of D.
D C
B. D loses the benefit of time due to its failure to repay after obtaining loans from Samsung Capital Stock Company. The company transferred all bonds to the Plaintiff on April 30, 2003 pursuant to Article 4 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation. As of March 29, 2017, D notified the transfer of claims to D on May 31, 2003. As of March 29, 2017, the Plaintiff’s claim is indicated below.
C. Meanwhile, on the other hand, D died on December 31, 2013. Defendant A transferred D’s property as 2/11 shares of D’s son’s children, Defendant B inherited D’s property as 4/99 shares of D’s 4/99 shares. While the lawsuit in this case was pending, Defendant A filed a report on the succession approval with Jeju District Court 2014Mo237 and Defendant B filed a report on the succession approval with Jeju District Court 2014Mo317, respectively, and the said court accepted each of the above reports.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. According to the above facts of determination, the defendants are the successors of the network D, within the scope of property inherited from the network D, and the defendant A is the 12,093,501 won (=the total amount of claims 66,514,257 x KRW 2,11 x less than KRW 2/11 x less than KRW 2/11 x 960 x 2/11 x 2/11) which correspond to the inheritance shares of the defendant A among the remainder of the loan principal (=the remaining principal 10,351,960 x 2/11). The defendant B is the 2,687,444 won (=6,514,257 x 4/99 x 4/99 x 46,510,351, 960 x 4/99) and the interest accrued on the remaining principal of the loan x 3/19,209).