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(영문) 전주지방법원 2016.09.06 2016가단9089

상속채무금

Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

A. Defendant A is 44,516,494 won and 19,279 among them.

Reasons

1. Facts of recognition;

A. The network E (hereinafter “the network”) received a loan from the NANR, etc., and entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with the Plaintiff as security with the following contents.

A loan financial institution for the guarantee period of the guarantee date of the guaranteed amount of 18,540,000 won on November 10, 2000, the land agricultural cooperative for the five-year period on December 10, 200, in the case of the 315,000,000 won on December 10, 200. < Amended by Presidential Decree No. 17035, Jul. 16, 2004>

B. At the time of each credit guarantee agreement, the Deceased agreed to pay damages according to the rate determined by the Plaintiff and the method of calculation in accordance with the Plaintiff’s rate and the expenses incurred in preserving and exercising the rights acquired as a result of the Plaintiff’s performance of the guaranteed obligation when the Plaintiff performed the guaranteed obligation due to the deceased’s failure to perform the obligation.

C. The rate of damages determined by the Plaintiff is 15% per annum from June 14, 2004 to December 16, 2012, and 12% per annum from December 17, 2012.

On June 27, 2006, a credit guarantee accident occurred due to the deceased's failure to repay the principal and interest of the above loan. On June 27, 2006, the Plaintiff paid 19,518,745 won ( principal KRW 18,540,540,00, interest KRW 890,965, and expenses KRW 87,780) as the subrogated payment under the credit guarantee agreement No. 1 under the credit guarantee agreement between the Gimju Livestock Industry Cooperatives in order to provide credit guarantee service, and on August 29, 2006, paid 21,326,583 won ( principal, interest KRW 20,250,00, interest KRW 825,262, additional interest KRW 251,321) as the subrogated payment under the credit guarantee agreement between the former, Gannam Livestock Industry Cooperatives in order to pay the principal and interest of the above loan.

E. On November 23, 2015, as of November 23, 2015, the amount of debt that the deceased would pay to the Plaintiff by subrogation is as follows:

The amount of damages for delay by subrogation.