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(영문) 대구지방법원상주지원 2017.09.20 2017가단840

구상금

Text

1. The plaintiff

A. Defendant A’s 16,015,380 won and the said money are 12% per annum from September 29, 2016 to April 11, 2017.

Reasons

1. Facts of recognition;

A. On September 29, 2016, the Plaintiff subrogated for KRW 37,369,222 of the principal and interest of loans granted by D (Death on January 18, 2014) from the Gancheon Agricultural Cooperative Branch.

B. The agreed interest rate on the Plaintiff’s claim for indemnity accrued after December 16, 2012 is 12% per annum.

C. The Defendants are the inheritors of D, and the amount of the obligation inherited at the time of the Plaintiff’s subrogation is KRW 16,015,380, Defendant B and C, respectively, KRW 10,676,920.

On July 26, 2017, Defendant B and C received an adjudication from the Daegu District Court Kimcheon Branch on the acceptance of the report of inheritance recognition.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above findings of determination, Defendant A is obligated to pay the Plaintiff the interest rate of 12% per annum from September 29, 2016 to April 11, 2017, and delay damages calculated at the rate of 15% per annum from September 29, 2016 to April 11, 2017, and from the next day to the day of complete payment. Defendant B and C are obligated to pay damages for delay calculated at the rate of 10,676,920 won per annum within the limit of the property inherited from the network D, and the damages for delay calculated at the rate of 12% per annum from September 29, 2016 to July 25, 2017 to the day of full payment, each of which is calculated at the rate of 15% per annum from the next day to the day of full payment, Defendant C is obligated to pay damages for delay from September 29, 2016 to the day of full payment.

3. In conclusion, the plaintiff's claim against the defendant A is accepted on the ground of its reasoning, and the claim against the defendant B and C is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.