beta
(영문) 대구지방법원의성지원 2016.05.04 2015가단1590

구상금 청구

Text

1. The Defendants shall not exceed KRW 16,497,720, respectively, and KRW 5,755,072, to the extent that they were inherited from the network E.

Reasons

1. The following facts can be acknowledged in light of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1 to 4 and Eul evidence Nos. 1 to 3.

On December 29, 1997, the network E entered into a credit guarantee agreement with the Plaintiff (18% per annum until June 13, 2004, and 15% per annum from June 14, 2004) and submitted a letter of credit guarantee issued by the Plaintiff as security when it was loaned KRW 15 million from the Geumsung Agricultural Cooperative as of December 29, 2000 on the same day with the maturity of KRW 15 million.

B. As the network E fails to repay the loan by the maturity date, on December 20, 202, the Plaintiff subrogated 23,020,289 won as the principal and interest of loan and expenses to the Geumsung Agricultural Cooperative. The amount of the Plaintiff’s indemnity under the credit guarantee agreement as of August 13, 2015 reaches 65,90,82 won as of August 13, 2015.

C. The deceased on June 10, 2008, and the deceased on June 10, 2008, and on August 26, 2008, the wife F, children G, and H, the first heir, were tried to accept the declaration of renunciation of inheritance as the Family Court of Daegu on August 26, 2008, the first heir, who was the second heir, succeeded to the property solely.

After that, I died on September 20, 2012. On September 20, 2012, Defendant A, C and J, and 1 in K, the first-class inheritor, died on September 24, 2007, and his wife L, M and N, the inheritor of which, on January 13, 2016, received a three board of acceptance of the declaration of renunciation of inheritance on August 22, 1993. The wife died on August 22, 1993. The wife died on July 3, 2012, and his child was Defendant D.

E. On the other hand, on January 13, 2016, the Defendants were tried to accept a report of limited recognition by inheritance under the control of the Gwangju Family Court 2016-Maoman5.

2. According to the above facts of recognition, the deceased’s property heir remains only for the defendants. Thus, the defendants are 16,497,720 won each within the scope inherited from the deceased E (i.e., 65,90,882 won ±4,072 won) and 5,75,072 won each within the scope of inheritance from the deceased E (=23,020,289 won ±4,000 won) and their subrogated payment (i.e., 23,020,289 won ±4,00 won).