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(영문) 창원지방법원 2020.12.08 2020가단107844

구상금

Text

To the extent of the property inherited to the Plaintiff from the network D:

A. Defendant B is 7,574,817 won and 21,724.

Reasons

Facts of recognition

A. When the Plaintiff entered into a credit guarantee agreement with the network as listed below, the Plaintiff agreed that the network D shall pay to the Plaintiff the amount of the performance and the damages for delay calculated at the rate determined by the Plaintiff from the date of the performance of the guaranteed obligation.

Guarantee amount guaranteed by a financial institution for guarantee period of 200-07-03 02 50,000,000 E Cooperatives 50,000,000-04-12 01, 7,000,000 E Cooperatives 7,000,000 E Cooperatives 7,000,000-00-04-12 19,500,000 E Cooperatives 19,500,500 E Cooperatives 19,500,000

B. The network D failed to pay loans and interest to E cooperatives properly, and the Plaintiff subrogated to E cooperatives for the obligations of the network in accordance with the above credit guarantee agreement on January 25, 2002. The Plaintiff’s claims for reimbursement based on March 25, 2020 are as listed below.

The amount of 56,302,769 144,730,508 037,671,671,070,948 2772,870 1,893,893, 3390, 2666, 20932,580, 885353 58,045, 78107,198, 80,703,832 aggregate 79,656,492204,669,6280,869, 114, 289,40,40,9899

C. Meanwhile, the network died on September 13, 2003, and Defendant B, the spouse of the network, succeeded to the network D with the respective shares of Defendant C, F, G, and H, 2/11.

Defendant B, C, F, G, and H, the heir of the network D, reported the inheritance limited approval of the network D in Changwon District Court D, and the above court rendered a judgment accepting the above qualified acceptance report on February 20, 2006.

[Reasons for Recognition] Unsatisfy, Gap 4 through 9 (including each number), Eul 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, the heir of the network D, are 8% per annum from March 25, 2020 to May 27, 2020, the delivery date of the application for modification of the purport of the claim of this case and the cause of the claim of this case, with respect to the Plaintiff’s KRW 77,574,817, and KRW 21,724,50, among them, according to their respective inheritance shares within the scope of the property inherited from the network D.