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1. The Plaintiff:
A. As to Defendant A, B, and F jointly and severally KRW 343,389,791 and KRW 111,473,091 among them,
Reasons
1. Indication of claim;
A. On March 21, 1997, the New World Financial Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd”) made a discount loan to Defendant A under the joint and several guarantee of Defendant B, F and G.
B. After the non-party company was declared bankrupt and the bankruptcy trustee filed a lawsuit against the defendant B, F and G, the above joint guarantor, as Busan District Court 200Kadan21549, and "Defendant B, F and G shall jointly and severally pay 153,978,738 won to the above bankruptcy trustee and 24% per annum from December 16, 1998 to April 14, 200, and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.
C. On May 17, 2004, the Plaintiff (formerly: C&C Corporation) acquired the above claim against Defendant A Co., Ltd., a non-party company including the claim in the above judgment.
Of the above joint and several sureties, G died on August 4, 200, and on the deceased’s first heir, Defendant B and A succeeded to the deceased’s property on April 16, 2003 by Defendant C, children of the deceased except those who renounced inheritance. The above I died on April 16, 200, and transferred I’s property to Defendant D and E, who is the husband of the deceased.
(In conclusion, Defendant C succeeded to G property in proportion to the ratio of 2/14 of each of Defendant D and E, Defendant D and E.
Therefore, Defendant A, B, and F are the primary debtor or joint guarantor, and they are obligated to pay to each Plaintiff the money listed in Section 1-B, Section 1-B, and Section 1-C, which is equivalent to the inheritance ratio as the heir of the network I who succeeded to the network G which is a joint and several surety.
(2) Article 208(3) of the Civil Procedure Act provides that “The Plaintiff’s claim against the remaining Defendants except the Defendant A is for the interruption of extinctive prescription as to the above final and conclusive judgment.”