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(영문) 서울중앙지방법원 2016.10.26 2016가단5198829

구상금

Text

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

A. Defendant A is 23,832,800 won and 23,832.

Reasons

1. Facts of recognition;

A. On September 16, 2013, the Plaintiff entered into a credit guarantee agreement on D’s obligations for loans to a new bank with the amount of KRW 55,080,000,000. On June 10, 2016, the Plaintiff paid KRW 55,853,512 by subrogation to the new bank under the said guarantee agreement.

As of June 10, 2016, the total amount of the Plaintiff’s claim for indemnity based on the amount of KRW 55,609,868 (i.e., principal of subrogation 55,853,512 won - final delay damages on the recovered principal principal of KRW 243,710, and delay damages rate is 10% per annum.

B. D died on December 21, 2015, and at the time of death, there was Defendant A, Defendant B, and C, the wife, as the inheritor.

The Defendants filed a petition with the Seoul Family Court for a trial on the limited recognition of inheritance with the Seoul Family Court 2016-Ma842, and the Defendants’ report was accepted on May 12, 2016, and the said judgment became final and conclusive around that time.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, purport of whole pleadings]

2. Determination

A. According to the above facts, Defendant A is obligated to pay to the Plaintiff 23,832,80 won (=5,609,868 won x 3/7) and to pay 23,832,772 won [3/7] x 15,888,534 won (=5,609,868 won x 2/7) x 15,888,515 won [5,85,853,512 won - 243,710 won x 3/7] from the date of subrogation x 15,88,515 won (i.e., 5,609,868 won x 2/7) x 15,88,515 won (i.e., 55,853, 512 won - 243,710 won) x 2/7] from the date of subrogation to the date of service by the Plaintiff 16.

B. The Plaintiff sought full performance of the inheritance obligation against the Defendants, but the Defendants’ acceptance of the declaration of qualified acceptance is identical to that as seen earlier, so the Plaintiff’s assertion on this part is without merit.

3. Partial acceptance of the Plaintiff’s claim