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(영문) 서울중앙지방법원 2016.05.17 2015가단5014184

구상금

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 2,354,469 and as to this,

B. Defendant (Appointed Party), Appointed C, D, E, F, G, H.

Reasons

1. Facts of recognition;

A. On June 19, 2013, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement”) as stipulated by the credit guarantee agreement as of June 19, 2018 (hereinafter “the instant credit guarantee agreement”) with the deceased J, and issued a credit guarantee agreement as of June 20, 2013 (hereinafter “credit guarantee agreement”) with the deceased J, and issued a credit guarantee agreement as of June 20, 2018 with the deceased J.

The Network J received, as security, a loan of KRW 12 million in the credit guarantee agreement of this case from the Korea-Japan Credit Union, and KRW 10 million in the credit guarantee agreement of this case as security.

B. At the time of each credit guarantee agreement in this case, the deceased J agreed to pay the amount of subrogation and damages for delay in accordance with the interest rate determined by the Plaintiff when the Plaintiff performed the guaranteed obligation.

The rate of damages for delay determined by the Plaintiff regarding each credit guarantee agreement of this case is 15% per annum.

C. On September 2, 2013, the Network J lost the benefit of each of the above loans as principal and interest, thereby causing a credit guarantee accident.

On April 9, 2014, pursuant to each credit guarantee agreement of this case, the Plaintiff subrogated for KRW 21,565,093 (i.e., KRW 11,685,452 pursuant to the Credit Guarantee Agreement of this case) to the Korea-Japan Credit Union (i.e., KRW 9,879,641 according to the Credit Guarantee Agreement of this case) and recovered KRW 374,870 among them.

E. The deceased J died on September 30, 2013, and the husband of L and son, the husband of L and son, renounced inheritance, and the Defendant (Appointed Party), the sibling of the deceased J, C, D, E, F, G, H, I, and Defendant B jointly succeeded to the property.

F. The Defendant (Appointed Party), Appointed C, D, E, F, G, H, and I filed a report on the inheritance limited recognition with the Seoul Family Court 2015-Ma31041 regarding the deceased’s inheritance, and the said report was accepted on January 18, 2016.

【Ground of recognition” has no dispute, Gap's 1 through 7 evidence, and Eul's 1 through 4.