구상금
1. Within the scope of the property inherited from the network C, Defendant A shall be limited to KRW 25,310,343, and Defendant B shall be limited to KRW 16,873,562.
1. Basic facts
A. On October 11, 2012, the network C borrowed KRW 52,00,000 from the Bank of Asia with D2.5 tons of cargo vehicle purchase funds on the condition of interest rate of 19.9% per annum, and 48 months on equal terms and conditions. On the same day, the Plaintiff entered into a payment guarantee agreement with the Bank of Asia for the above loan obligations to the Bank of Asia with the limit of guarantee amount of KRW 52,00,000, interest rate of KRW 29% per annum, interest rate of delay delay, and the guarantee period of KRW 54 months, and expressed the intent to guarantee the above loan obligations to the Bank of Asia.
B. On February 24, 2013, the deceased died. The deceased’s heir was Defendant A and Defendant B, the spouse, and the Defendants were entitled to receive a qualified acceptance request for the inheritance of the deceased’s property on April 10, 2013 as the Suwon District Court Decision 2013Ra22 Decided April 10, 2013.
C. On June 7, 2013, the Plaintiff: (a) subrogated to the Asian Savings Bank for KRW 52,00,000, which is the guarantee limit of the principal and interest of the above loan; (b) sold the above cargo vehicle with the consent of the Defendants on June 27, 2013; and (c) appropriated KRW 10,601,801 for the repayment of the principal and interest of the indemnity; and (d) the remaining principal of the indemnity remaining as of the closing date of the argument in this case is KRW 42,183,906.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. According to the above facts of recognition, the Defendants, as the inheritors of the network C, are obligated to pay to the Defendant A 25,310,343 won (42,183,906 won x 3/5) within the scope of inherited property; Defendant B, as the inheritors of the network C, 16,873,562 won (42,183,906 won x 2/5) and the agreed delay damages calculated at the rate of 29% per annum from June 28, 2013 to the date of full payment of the principal and interest on the indemnity.
However, according to the evidence evidence No. 7, since the plaintiff was found to have received damages for delay that occurred until June 27, 2013 under the name of "interest received in arrears", this part of the plaintiff's claim for damages for delay from June 8, 2013 to June 27, 2013.