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(영문) 부산지방법원 동부지원 2018.10.17 2018가단203519

양수금

Text

1. The Defendants jointly and severally with E are within the scope of property inherited from the networkF to the Plaintiff, and each of them is KRW 22,463,473.

Reasons

1. Facts of recognition;

A. On March 10, 199, the Korea Technology Finance Corporation (hereinafter “Korea Technology Finance Corporation”) concluded a credit guarantee agreement with G and Guarantee principal amounting to KRW 85,00,00,000 and the guarantee period from March 10, 199 to March 10, 200 and issued a credit guarantee agreement.

B. However, following the occurrence of a credit guarantee accident by G, Nonparty Fund subrogated for KRW 88,147,309 to the Industrial Bank of Korea on March 23, 2000.

C. On September 27, 2012, the Nonparty Fund transferred all of the claims for reimbursement under the aforementioned credit guarantee agreement to the Plaintiff, and notified G of the transfer of the said claims.

As of February 5, 2018, the balance of the principal and interest of the claim for indemnity as of February 5, 2018 is KRW 168,476,052 in total (i.e., the balance of principal KRW 41,491,934 in interest or delay damages). The interest rate on the balance of principal and interest of the claim for indemnity is KRW 126,984,118 in

E. Meanwhile, the F died on December 25, 201, and six children, including his/her heir H and the Defendants, filed a qualified acceptance report on February 14, 201 with the Suwon District Court Decision 2012Radan118, and the said report was accepted on February 16, 2012.

2. Determination:

A. According to the above facts, barring special circumstances, the Defendants are jointly and severally and severally liable with E to pay to the Plaintiff KRW 22,463,473, respectively, based on their inheritance shares (i.e., total amount of principal and interest KRW 168,476,052 x 2/15 x 2/15) and KRW 5,532,257 (i.e., the principal balance 41,491,934 x 2/15 x 2/15) from February 6, 2018, which is the following day of the above basic date until June 26, 2018, the agreed delay delay interest rate of KRW 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and from the following day until the date of full payment.

B. Although Defendant B asserted that he reported the renunciation of inheritance, there is no evidence to acknowledge this, the above assertion is without merit.

3. Conclusion