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(영문) 광주지방법원목포지원 2016.07.06 2015가단7297

구상금

Text

1. The Defendants are either KRW 9,382,813 and each of the said money within the scope of the property inherited from the networkF.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter referred to as the “the deceased”) was granted a loan of KRW 1,00,00 on April 21, 2001 from Seojindo Agricultural Cooperatives, under a credit guarantee agreement with the Plaintiff and issued a credit guarantee agreement, and November 29, 2001, respectively (five years of guarantee period, 100% per annum, interest rate of 10% per annum, 6.5% per annum, and delay interest rate of 15% per annum), but the interest was lost due to delinquency in the payment of the principal and interest of the above loan.

B. On February 15, 2007, the Plaintiff received a payment by subrogation from Seojindo Agricultural Cooperative under the above credit guarantee certificate, and repaid the principal and interest of interest of 27,848,311 won as of April 21, 2001, and the principal and interest of 12,106,199 won as of November 29, 2001 to Seojindo Agricultural Cooperative, respectively.

C. On May 3, 2012, the Deceased died, and the Defendants, other than G, filed an application for an inheritance limited approval with the Gwangju Family Court 2015Ra690 on October 7, 2015 and received a judgment to accept the said report on October 19, 2015.

On the other hand, as of June 9, 2015, the details of money not repaid by the deceased and their successors among the principal and interest of loans subrogated by the plaintiff to the Seogjin-do Agricultural Cooperative are as follows.

From March 30, 2009 to December 16, 2012: 11,860,881,120,773: From March 30, 2012, to June 9, 2015: 15% per annum: 29,981,654 212,106,199,209,028: From February 15, 2015 to December 16, 2012: 15% per annum; 15% per annum; 753 to December 30, 2012; and 36% per annum; 15% per annum; 25% per annum; 365 to June 17, 2012; 37, 207; 25% per annum; 15% per annum; 25% per annum; 368, per annum; 297, per annum; 2015 to 25% per annum.

2. According to the above facts of recognition, the Defendants, the deceased’s heir, are entitled to the Plaintiff within the scope of property inherited from the deceased pursuant to each of their respective inheritance shares (the claim against G was finalized on June 25, 2016, respectively), and each of the claims against the Plaintiff is entitled to KRW 9,382,813 as sought by the Plaintiff.