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(영문) 대전지방법원 천안지원 2018.09.12 2018가단100522

구상금

Text

1. Defendant A and B shall not exceed KRW 15,456,479, respectively, to the Plaintiff within the scope of the property inherited from D and KRW 15,456.

Reasons

1. Basic facts

A. A. The Plaintiff’s credit guarantee agreement and joint and several sureties 1) between D and D on December 16, 2010, the main content of which is the Plaintiff’s credit guarantee agreement between D and D, setting the Plaintiff’s obligation to the Nonghyup Bank as the guarantee limit of KRW 34,00,000,00 and the guarantee deadline of December 20, 2015 (hereinafter “instant credit guarantee agreement”).

(2) According to the credit guarantee agreement of this case, D stipulates that the Plaintiff shall pay the amount of the Plaintiff’s repayment to the financial institution, and the amount of damages in accordance with the interest rate determined by the Plaintiff from the payment date to the full payment date of the liability for reimbursement.

Meanwhile, the interest rate for delay determined by the Plaintiff is 15% per annum from March 15, 2013 to December 31, 2013, and 12% per annum from January 1, 2014.

3) Under the instant credit guarantee agreement, E has jointly and severally guaranteed the obligation owed by D to the Plaintiff. B. On September 21, 2012, the Plaintiff’s subrogated D delayed payment of principal and interest and caused a credit guarantee accident. On March 15, 2013, the Plaintiff repaid KRW 31,598,498 in subrogation of D in subrogation pursuant to the instant credit guarantee agreement, and recovered KRW 685,820. The amount of final damages incurred for KRW 685,820 recovered by the Plaintiff is KRW 281. (c) E was dead on June 12, 201, and at the time of death, there was Defendant C, the husband’s husband and the mother.

2) On July 1, 2012, D died, and at the time of death, Defendant A and Defendant B were denied as a family member at the time of death. Defendant A and B filed a report on the inheritance limited recognition with the Suwon District Court Branch Decision 2018 Madan3184 on May 28, 2018, and the said court accepted the said report on July 4, 2018. 【The entry in the evidence Nos. 1 through 5 and the purport of the entire pleadings based on the recognition.

2. According to the facts of the above recognition as to the claim against Defendant A and B, D shall pay to the Plaintiff the amount of KRW 30,912,959 under the credit guarantee agreement of this case = KRW 31,598,498 under the subrogation principal - the amount of KRW 685,820 under the amount of KRW 685,820.