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(영문) 춘천지방법원강릉지원 2016.12.13 2016가단52308

구상금

Text

1. The Defendants are either KRW 14,323,374, respectively, within the scope of the property inherited from the network D (E) to the Plaintiff, and they are among them.

Reasons

1. Basic facts

A. On May 15, 1998, the Plaintiff entered into a credit guarantee contract when the Deceased borrowed KRW 30 million from the first branch of the Korea Commercial Bank (the Korea Commercial Bank after the merger). In the event that the Deceased was unable to repay its loans, and the Plaintiff subrogated for the Plaintiff, the Plaintiff agreed to reimburse the Plaintiff the amount of subrogated and other incidental obligations to the Plaintiff, and the amount of damages at the interest rate as determined by the Plaintiff from the date of subrogation. The agreed delay rate determined by the Plaintiff as to the above loan obligations is 18% per annum from January 1, 1999 to May 31, 2005, and 15% per annum from June 1, 2005.

B. On June 28, 200, the Plaintiff paid 31,048,498 won to Korea Light Bank on behalf of the Deceased on June 28, 200, and the remainder of the principal and interest of the loan is KRW 11,303,708, KRW 45,93,249, KRW 56,640, and KRW 11,303,70,000, which are the date of subrogation for the principal and interest of the loan.

C. On July 9, 2012, the Deceased died and succeeded to the Deceased. The Defendants filed a report on the inheritance-limited approval in the inheritance of the Deceased’s property under the Chuncheon District Court’s 2016-Ma117, supra, and this court accepted the said report on August 25, 2016.

[Ground of recognition] Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff 14,323,374 won per annum within the scope of inheritance from the Deceased and 2,825,927 won per annum from June 28, 200 to May 31, 2005; 15% per annum from the following day to May 7, 2006; 20% per annum from the next day to September 30, 2015; and 15% per annum from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.