구상금
1. The Plaintiff within the scope of the property inherited from the network D:
A. Defendant A: 13,297,950 won and 13,297
1. The following facts are recognized as either a dispute between the parties or in full view of the evidence set forth in subparagraphs A(1) through (4) and the purport of the entire pleadings.
A. The network D (hereinafter “the network”) received loans from E under two credit guarantees offered by the Plaintiff as follows.
Guarantee Number: F, principal of guarantee: 12,750,000 won, guarantee number from April 18, 2017 to April 18, 2022: G, principal of guarantee: 20,000,000 won, guarantee period from May 2, 2017 to May 2, 2022
B. The Deceased lost the benefit by failing to pay the principal and interest of the loan in time, and on May 10, 2019, the Plaintiff subrogated for KRW 31,638,906 to E on behalf of the Plaintiff.
C. The Plaintiff’s claim for reimbursement based on the above subrogation is KRW 31,028,552 (sumed damages for delay 166 won in fixed amount of 31,028,386 won by subrogation) and damages for delay from May 10, 2019 for KRW 31,028,386.
The agreed interest rate on the amount of subrogation is 10% per annum from May 10, 2019.
E. On January 22, 2019, the Deceased died, and the Defendant A and C, who is the spouse of the Deceased, succeeded to the deceased’s property (A’s inheritance shares: 3/7, Defendant B, and C’s inheritance shares: 2/7), and the Defendants were subject to a judgment on acceptance of a report on approval of re-determination of inheritance under the Head of Suwon Family Court Branch of the Family Court of Korea on June 5, 2019.
2. Determination and conclusion, the Plaintiff within the scope of the property inherited from the Deceased; Defendant A: (i) KRW 13,297,950 (i) KRW 31,028,552 x 3/7); and (ii) KRW 13,297,879 (i) KRW 31,028,386 x 3/7) from May 10, 2019 to September 16, 2019; (iii) annual rate of delay damages for the period of September 23, 2019, the delivery date of an application for change of the purport of claims and the cause of claims, which is 10% (i.e., the agreed interest rate for delay until September 23, 2019; and (iv) KRW 8,865,300; and (v) Defendant B and C calculated at the rate of 12% per annum from the date of full payment until the date of the following day to the date of full payment (i.e.