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1. Of the judgment of the first instance court, the parts against Defendant I, J, and K shall be modified as follows:
Co-defendant L and M in the first instance trial.
Reasons
1. Basic facts
A. The Plaintiff’s claim for acquisition of the Plaintiff’s net N is 1) High Interest-gun Fisheries Cooperatives (hereinafter “ High Interest-gun Cooperatives”).
Around December 31, 1997, 100,000 won was designated and lent to the network N as of December 20, 1998, and L/M guaranteed the obligation of the above loan. The network N paid only interest up to December 21, 1998. 2) on October 11, 2002, 200, after transferring the current obligation of the network N to the Korea Asset Management Corporation, it notified the network N around October 25, 2002.
3) In a lawsuit brought by the Korea Asset Management Corporation against the net N, L, and M (U.S. District Court 2005Da17278) on August 26, 2005, the above court rendered a favorable judgment in favor of the Plaintiff that “The net N, L, and M jointly pay 10,00,000 won to the Plaintiff on December 22, 1998 to March 16, 1999, 23% per annum from the next day to the day of full payment, and 18% per annum from the next day to the day of full payment,” and the above judgment became final and conclusive at that time.
5) The Plaintiff sent to the Defendants an application for correction of indication of the party on December 28, 2015, stating the fact of assignment of claims upon delegation of the authority to notify the Korea Asset Management Corporation of the assignment of claims, and an application for alteration of claim and cause of claim on March 23, 2016. (B) The network N died on September 3, 2005 (the networkO and network P, a parent of the network N, died before the commencement of the inheritance of the network N). Accordingly, the deceased’s heir, I, J, and K, the spouse of the deceased, as the deceased’s heir, and they received the adjudication from the foregoing court on October 11, 2005, by filing a report on renunciation of inheritance with the Gwangju District Court 2005Hun-Ma577 on October 11, 2005.
2 The Defendants, L, and M are subordinate successors to the deceased N’s brothers and sisters. Among the Defendants, the remaining Defendants except Defendant H are the Gwangju District Court on February 4, 2016.