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(영문) 서울중앙지방법원 2015.03.26 2013가단5146025

구상금

Text

1. The extent of the property inherited from the deceased B shall not exceed the extent of the property:

(a) the person to be selected in the annexed list of the selected persons;

Reasons

1. Basic facts

A. On December 6, 1997, a national bank lent KRW 42,000,000 to B with a housing fund under the Plaintiff’s credit guarantee.

B. B did not pay the principal and interest of the above loan, thereby losing the benefit of time, and on December 22, 1998, the Plaintiff subrogated to the National Bank for KRW 47,977,732 in accordance with the credit guarantee agreement.

In addition, the costs of the lawsuit against the plaintiff's claim for reimbursement against B are KRW 1,142,600, and the fees for the attempted payment are KRW 21,670.

C. B died on May 8, 2006, and his heir C and the rest of children are designated parties.

On January 19, 2011, the designated parties received a qualified acceptance trial on inheritance from B.

(U.S. District Court 2010 Madan1577). [Grounds for recognition] The fact that there is no dispute

2. According to the above facts of recognition, the designated parties are obligated to claim the amount stated in Paragraph (1) of the disposition corresponding to their respective shares of inheritance among the Plaintiff’s subrogated payment, substitute payment, and attempted guarantee fees, within the scope of property inherited from the deceased B.

3. The plaintiff's claim is justified, and this is accepted.