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1. The Plaintiff:
A. As to Defendant B’s KRW 81,600,000 and as to this,
B. Defendant C and D are jointly and severally networked with Defendant B.
Reasons
1. Facts of recognition;
A. The Plaintiff lent money to the deceased E (hereinafter “the Deceased”) as follows:
On August 19, 1996, 4,500,000 on August 19, 1996, 200 on August 11, 1996; 30.7,500,000 August 30, 1996 August 30, 1996; 5,600,000 on September 5, 1996; 5,600 on September 29, 1996; 81,60,000 on October 3, 296;
B. At the time, Defendant B guaranteed the instant loan obligations.
C. Since then, the plaintiff filed a lawsuit against the deceased and the defendant B seeking the payment of the loan of this case as Busan District Court 2005da11635, Oct. 14, 2005, the above court rendered a judgment that "the deceased and the defendant B shall jointly and severally pay to the plaintiff 81,600,000 won and the interest rate of 25% per annum from January 11, 1997 to the date of full payment," and the above judgment became final and conclusive on November 11 of the same year.
On the other hand, the deceased died on January 12, 201, and jointly succeeded to (1/2 of the inheritance) by Defendant C and D, who is a child, and they received a ruling of acceptance of the report of inheritance recognition by the Changwon District Court on May 12, 201, as the Jinwon Branch Branch of the Changwon District Court on May 12, 201.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. The assertion and judgment
A. On February 2, 2015, the Plaintiff filed the instant lawsuit in order to interrupt the extinctive prescription of the instant loan claims based on the final and conclusive judgment of 2005Da11635 Decided February 2, 2015, and the Plaintiff also has the benefit of filing the instant lawsuit for the extension of the extinctive prescription of the claim based on the prior judgment.
(b) Claim against Defendant B: Judgment of deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);
C. Defendant C and D’s defense that they obtained the inheritance limit. Thus, according to the above facts of recognition, Defendant C and D respectively were 40,80,000 won (=8,600,000 won x 1/2) within the limit of the property inherited from the deceased to the Plaintiff, and the above final judgment was rendered from January 11, 1997.