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(영문) 대구지방법원 2017.01.24 2016가단128220

구상금

Text

1.To the extent of the property inherited from the network E, Defendant A shall be within the extent of 150,978,623 won and 144,475.

Reasons

The Plaintiff issued two credit guarantee certificates stipulated as of August 26, 2015, under the credit guarantee agreement with the deceased E (hereinafter “the deceased”) as of August 26, 201, to a national bank as of the loan of general corporate capital, the guaranteed amount of KRW 160,000,000, and the guaranteed amount of KRW 270,000,000, and the guaranteed period of August 25, 2016. When the Plaintiff performed the guaranteed obligation under the above credit guarantee agreement, the Deceased provided that the Plaintiff shall pay the Plaintiff the amount of the subrogated payment and the amount of damages calculated by the rate of damages determined by the Plaintiff as of August 26, 201, the fixed amount of damages collected from part of the subrogated payment, additional guarantee fees, and other legal procedures (in full view of the fact that there was no dispute between the deceased and the heir’s respective credit guarantee certificates as collateral, and then the Plaintiff secured the amount of KRW 160 through 16,016,06,000,00 for the Plaintiff’s indemnity 2616.

According to the above facts, the Defendants, as the inheritor of the deceased’s property, are obligated to pay each principal and delay damages indicated in the order corresponding to their respective shares in inheritance among the above indemnity debt owed by the deceased against the plaintiff within the scope of the property inherited from the deceased. Thus, the Plaintiff’s claim against the Defendants is justified, and it is so decided as per Disposition.