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(영문) 서울중앙지방법원 2019.04.23 2018가단5154717

구상금

Text

1. The defendant shall not exceed KRW 86,928,322 and KRW 85,246,776 among them to the plaintiff within the scope of the property inherited from the deceased B.

Reasons

1. Facts of recognition;

A. (1) On January 24, 2017, the Plaintiff extended the guaranteed principal amount of KRW 85,000,000 between the net B and January 24, 2018 (this later was extended by January 24, 2019).

ii) a guarantee agreement with terms and conditions covered (hereinafter referred to as “instant guarantee agreement”).

(2) According to the instant guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Plaintiff agreed to reimburse the Plaintiff (i) the amount of the obligation to discharge the guaranteed obligation, (ii) the expenses incurred in the performance of the guaranteed obligation, and (iii) the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the obligation.

B. On January 26, 2017, the network B borrowed KRW 100,00,000 from C Bank under the instant guarantee agreement, but on March 14, 2018, the Plaintiff lost the benefit of time due to delayed payment of interest on the loan. On June 25, 2018, the Plaintiff repaid C Bank the principal and interest of KRW 85,941,206 based on the instant guarantee agreement to C Bank.

C. Since then, the Plaintiff recovered KRW 694,430 from the deceased B, and the amount of subrogation is KRW 85,246,776 (=85,941,206 - 694,430). The amount of finalized damages for the amount recovered is KRW 190, and the legal procedure cost incurred by the Plaintiff in order to preserve the claim for reimbursement is KRW 1,681,356.

The interest rate for delay applicable to the instant guarantee agreement is 10% per annum after February 1, 2016.

F. Meanwhile, on the other hand, the deceased on February 14, 2018 and the mother was the only heir, who is the mother. On September 13, 2018, the Defendant was subject to the adjudication on qualified acceptance from the original state branch of the Chuncheon District Court (2018 Madan220).

[Ground of recognition] Facts without dispute, Gap 1 to 10 evidence, Eul 1 evidence, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant’s total amount of KRW 86,928,322, within the scope of the property inherited from the deceased B (i.e., the legal procedure cost of KRW 190,681,356, the amount of subrogated amount of KRW 85,246,776, and the amount of subrogated amount of KRW 85,246,776, Jun. 25, 2018, which is the date of subrogation.