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1. Within the scope of the property inherited from the network D, Defendant A shall be limited to KRW 14,167,356 and among them 8,038.
Reasons
1. Facts of recognition;
A. On November 25, 199, the National Bank Co., Ltd. entered into a loan agreement of KRW 20,000,000 between E and E, and the network D jointly and severally guaranteed the above debt.
B. On November 4, 2004, the Korean National Bank Co., Ltd.: Solomon Savings Bank; and Solomon Savings Bank Co., Ltd., on May 6, 201, transferred all of the above loans to the Plaintiff in sequential order and notified the principal obligor E, etc. of the said transfer.
C. Meanwhile, on December 19, 2005, the Solomon Mutual Savings Bank was ordered to pay the Plaintiff 42,502,070 won jointly and severally with the obligor E and D and 24,115,494 won per annum from November 8, 2005 to the date of full payment. The above payment order was finalized on January 13, 2006 as to the network D.
The deceased on June 29, 2015, and the deceased on June 29, 2015, and the deceased was succeeded by Defendant A, Defendant B, and E, who is the spouse, and the Defendants were subject to the adjudication of qualification acceptance by inheritance as the Changwon District Court 2015Ra904 on September 16, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, Defendant B and C are liable to pay damages for delay calculated at the rate of 19% per annum from November 8, 2005 to the day of full payment as to the Plaintiff, the assignee of the loan claim, within the scope of property inherited from the network D, and as to the Defendant A, within the scope of property inherited from the network D (i.e., KRW 42,502,070 x KRW 3/9,000) and KRW 8,038,498 (i.e., KRW 24,115,494 x KRW 3/94). Defendant B and C are liable to pay damages for delay at the rate of KRW 9,44,90 (= KRW 42,502,00 x 2/90 x 42,500) and KRW 5,358,98 (=24,115,494 x 2/9).
B. As to this, the Defendants asserted that the claim of the instant loan has expired by the statute, but the payment order against the network D was finalized on January 13, 2006, as seen earlier, the above payment order was issued.