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1. The Defendants are, within the scope of property inherited from the network C, Nonparty Co., Ltd.
Reasons
1. Basic facts
A. On June 30, 199, C borrowed KRW 2,200,000 from the Daejeon Mutual Savings and Finance Company at the maturity of June 30, 200, annually 16% of the interest rate, and interest rate of 25% per annum. At the time, Nonparty AB Holdings Co., Ltd (the trade name before the modification; hereinafter “A&A Holdings”) jointly and severally guaranteed the obligation of C under the above loan agreement.
B. C died on November 3, 2003, and the heir was the Defendants. The Daejeon District Court 2004Da32173, and the Daejeon District Court 2004Da32173, May 24, 2005 rendered a favorable judgment to the effect that “the Defendant shall pay to the Plaintiff 1,531,959,830 won among the 3,063,919,660 won and the 1,100,000,000 won from January 31, 2001 to the day of full payment, and the above judgment became final and conclusive on June 25, 2005.”
C. On June 29, 2012, Daejeon Mutual Savings and Finance Company transferred the above claims against the Defendants to the Plaintiff, and notified the Defendants of the transfer of claims on August 8, 2012. D.
On May 14, 2008, the Defendants were tried on May 14, 2008 by the Daegu District Court 2008 was to accept the report of the recognition of inheritance limited status.
[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 and 2 evidence (including each number, if any, hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts as seen earlier, the Defendants are jointly and severally obligated to pay to the Plaintiff KRW 1,531,959,830 out of KRW 3,063,919,660, and the principal amount of KRW 1,100,00,000,000 from January 31, 2001 to the date of full payment.
As to this, the defendants asserted that the plaintiff's claim should be dismissed since the qualified acceptance report was accepted in the succession of C's property.
The qualified acceptance of inheritance is the existence of the obligation.