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(영문) 대구지방법원 2020.02.07 2018가단18969

구상금

Text

1. Within the scope of the property inherited from the network F, Defendant B, Defendant C, and Defendant D, respectively, within the scope of the property inherited from the network F.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The status of Nonparty F, who is a party and an interested person, is Nonparty F (hereinafter “the network F”).

(A) around 1997, Nonparty H Bank (A, Inc., a corporation prior to the change of its name; hereinafter referred to as H Bank).

(C) a loan of 500,000,000 Won (hereinafter referred to as the "loan of this case")

Defendant B, Defendant C, and Defendant D are the deceased F successors, and Defendant E and Nonparty W (hereinafter referred to as the “the deceasedJ”).

(2) On January 17, 1998, 1998, 191 Daegu District Court 198Kadan3875, Daegu District Court 198Kadan3875, Daegu District Court 1998Kadan3875, which was owned by the deceased J, and executed the provisional seizure of real estate by the deceased F, who was jointly and severally liable for the debt of the loans of this case of this case of the deceased F, and the plaintiff was the heir of the deceased JJ. 20.

3) On October 13, 201, J has agreed to pay 80,000,000 won to HB’s joint and several surety obligations to HB, and HB agreed to cancel the execution of the above provisional seizure. Accordingly, the execution of the above provisional seizure was cancelled upon repayment. 4) The Plaintiff, the heir of the GJ, as above, paid 80,000,000 won to HB as to Defendant B, Defendant C, and Defendant D, the heir of the above F, may claim 80,000,000 won according to the inheritance shares, and claim 40,000 won equivalent to 1/2,00,000, which is the share of joint and several surety as joint and several surety.

5) In relation to the conjunctive claim against Defendant B, Defendant C, and Defendant D, if it is recognized that the said Defendants approved the inheritance limit on the deceased F’s inheritance, the Defendants are entitled to pay KRW 80,000,000 according to the inheritance shares within the scope of the property inherited from the deceased F. B, Defendant C, and Defendant D. The Defendants’ assertion 1) is entitled to the Plaintiff’s indemnity claim.