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(영문) 창원지방법원 2014.02.19 2011가단11200

구상금

Text

1. Defendant A (Death on June 6, 2010) within the scope of property inherited from C (Death) and 33,121,728 won among them and 32,90.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between the Plaintiff and C and the Plaintiff’s subrogation agreement with C as indicated below (hereinafter “each credit guarantee agreement of this case”) and issued a written credit guarantee agreement to the Plaintiff, and C submitted the written credit guarantee agreement of this case to each financial institution and received loans.

According to each credit guarantee agreement of this case, upon the Plaintiff’s performance of the guaranteed obligation, C is to reimburse the amount of damages at the time of performance according to the rate set by the Plaintiff as to the amount of performance and the date of performance, and to reimburse all the expenses incurred by the Plaintiff for the preservation and exercise of the rights acquired by the Plaintiff as a result of the performance of the

C. In order to cause a guarantee accident due to the failure to pay the principal and interest of a loan to a lending bank, the Plaintiff paid the said loan to the lending bank KRW 11,360,346 on November 30, 2010 (= principal KRW 10,800,944 additional interest of KRW 500,940,00) and the subrogated payment for the said secondary loan amount of KRW 16,020,045 (= principal interest of KRW 15,30,000,286 plus interest of KRW 643,286,759), and the amount of subrogated payment for the said third loan amount of KRW 5,563,045 (= principal amount of KRW 5,40,000, KRW 139, KRW 1439,239,00, KRW 1439,00, KRW 14390, KRW 1481,397, KRW 1981, KRW 1397.

Meanwhile, the rate of damages for the amount of subrogated payment determined by the Plaintiff is 15% per annum, and the amount of subrogated payment for the first loan is 11,360,346 won, the amount of subrogated payment for the second loan is 15,99,296 won, and the amount of subrogated payment for the third loan is 5,550,322 won.

B. C’s disposal act on May 11, 2010 falls under the instant case, including the Defendant B, who is a private village resident, and the real estate indicated in the separate sheet, and the real estate D 2,363 square meters in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, E-mail 1,267 square meters in the same Ri, and the real estate indicated in the entire annexed sheet in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun.