구상금
1. Defendant (Appointed Party), Appointed Party B, and C shall be limited to the scope of the property inherited from the network D, and each Plaintiff.
1. Basic facts
A. On November 20, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the main content of providing credit guarantee within the limit of KRW 50,000,00 to the E-bank’s debt to D.
B. A credit guarantee accident occurred on June 25, 2015 due to delay in the repayment of interest to the E Bank.
On October 22, 2015, the Plaintiff repaid KRW 50,771,123 to the E Bank in subrogation of D on October 22, 2015.
C. Under the credit guarantee agreement of this case, D’s total amount of the subrogated payment and finalized damages to be paid to the Plaintiff is KRW 50,038,463. Among them, the principal of the subrogated payment is KRW 50,038,223. The interest rate for delay determined by the credit guarantee agreement of this case is 12% per annum.
D died on December 21, 2016.
F and G reported the renunciation of inheritance on February 7, 2017 by the District Court 2017 D's District Court Decision 2017 Ma260, which was the child of D, and the said court accepted the said report on August 29, 2017.
E. The parents of D died before D’s death.
The defendant (appointed parties, hereinafter referred to as the "defendants") and the appointed parties B and C are siblings of D.
On December 1, 2017, Defendant, Appointed B, and C filed a report on the inheritance limited recognition with the District Court 2017 Daehan District Court 2196, and the said court accepted the said report on June 5, 2018.
2. According to the above facts of recognition, Defendant, Appointed B, and C are obligated to pay each Plaintiff 16,679,487 won (=50,038,463 won x 1/3, and any amount below the won shall be discarded; hereinafter the same shall apply) and 16,679,407 won (=50,038,223 won x 1/3) from October 22, 2015 to September 21, 2018, the date of the Plaintiff’s subrogation for payment, to October 15, 2018, which is the last day of delivery of the written application for change of the purport of the claim and the cause of the claim, and to pay damages for delay calculated at the rate of 12% per annum 15% per annum from the next day to the day of complete payment.
3. The plaintiff's claim is justified and all of them are accepted.