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(영문) 창원지방법원 2016.02.12 2015가단85650

구상금

Text

1. The plaintiff within the scope of the property inherited from the network D, and the defendant A shall be 10,933,809 won and 10,93.

Reasons

1. Facts of recognition;

A. On March 9, 2015, the Plaintiff provided a credit guarantee service with a guarantee rate of 85% when obtaining a loan of KRW 30,000,000 from the Masan Branch of Han Bank.

B. However, the network D died on July 22, 2015, and a guarantee accident occurred around that time.

C. On October 29, 2015, the Plaintiff subrogated for the principal amount of KRW 25,622,847 (i.e., principal amount of KRW 25,50,000,000) and recovered KRW 110,660 on the same day.

The amount of final damages for KRW 110,660 is KRW 36.

On the other hand, on October 30, 2015, the network D had Defendant B and C as her husband, and the said Defendants received a declaration of qualified acceptance on September 8, 2015 in the inheritance of the deceased D’s property under the Changwon District Court Decision 2015 Madan495 on October 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, fact-finding with respect to the head of Mhappo-si in this court, the purport of the whole pleadings

2. According to the above fact of recognition, the Defendants are obligated to pay to the Plaintiff within the scope of property inherited from the network D, and to pay damages for delay calculated at the rate of 10,93,79 won and 10,93,794 won in proportion to the shares of inheritance among the net D’s indemnity obligations. Defendant B and C, each of the 7,289,206 won and 7,289,196 won in subrogation for each of the 7,289,289,196 won and 7,286 won in subrogation for each of the 7,289,206 won, the date of the final delivery of the complaint of this case, from October 29, 2015 to December 2, 2015, the date of the final delivery of the complaint of this case, 5% per annum for the Plaintiff, and 15% per annum from the next day to the date of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.