beta
(영문) 수원지방법원 2017.06.27 2016가단515458

구상금

Text

1. The defendant shall not exceed KRW 73,804,422, and KRW 73,623,972, to the plaintiff within the extent of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. The Plaintiff obtained a loan of KRW 80 million from the National Bank of Korea (hereinafter “National Bank”), the Plaintiff issued a credit guarantee certificate with the content that, on July 3, 2014, the amount of the guaranteed principal is KRW 72 million and the Defendant guaranteed the Defendant’s obligation to the National Bank.

B. According to a credit guarantee agreement between the Plaintiff and the Deceased, which is the basis of the issuance of a credit guarantee certificate, the Deceased decided to refund the amount when the Plaintiff performed the guaranteed obligation and the amount of damages at the rate determined by the Plaintiff. Matters concerning the payment of guarantee fees, overdue guarantee fees, additional guarantee fees, etc., which are the consideration for the said credit guarantee, were to follow the rate, calculation method, and collection

On the other hand, the rate of damages for delay against the obligation of indemnity owed by the deceased against the plaintiff is 8% per annum from September 1, 2015 to the date.

C. Since then, on January 18, 2016, the Plaintiff subrogated to the National Bank for KRW 72,00,000 and interest and expenses 1,623,972 in total. 73,623,972 in total.

The fees for an attempted charge, which the deceased did not pay, are 5,620 won, 121,850 won for an additional charge, and 2,980 won for an attempted charge.

E. The Deceased died on August 30, 2015, and the Defendant is the only heir as the mother of the Deceased.

After the death of the deceased, the Defendant reported the inheritance limited approval, and the above report was accepted on December 14, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-9, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant, as the inheritor of the deceased, received KRW 73,804,422 from the deceased to the Plaintiff within the scope of the property inherited from the deceased (i.e., the principal amount of KRW 73,623,972) and the amount of KRW 73,623,972, which is the principal of the indemnity amount, as the date of subrogation, from January 18, 2016 to January 18, 2017, which is the date of subrogation.