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(영문) 서울중앙지방법원 2020.07.02 2019가단5191690

구상금

Text

1. The Defendants are limited to KRW 12,194,932 and each of the said money within the scope of property inherited from the network D.

Reasons

1. Facts of recognition;

A. On November 13, 2015, the Plaintiff entered into a housing finance credit guarantee agreement with the network D (hereinafter “the instant credit guarantee agreement”) with the content that the Plaintiff would provide a credit guarantee for the said loan obligations by setting the principal of the guarantee as KRW 72,00,000, and the expiration date of the guarantee as of November 14, 2017, and issued the said credit guarantee agreement with the E bank.

B. On November 13, 2015, the Deceased submitted the credit guarantee letter of this case and borrowed KRW 80 million from the E Bank after the due date for reimbursement of two years.

(hereinafter “instant loan”). C.

However, as the Deceased did not fully repay the principal and interest of the instant loan, the E Bank requested the Plaintiff to discharge the guaranteed obligation based on the credit guarantee certificate. Accordingly, on August 2, 2019, the Plaintiff subrogated to the E Bank totaling KRW 36,596,518, including the remaining principal and interest of the instant loan and the expenses, etc., and thereafter, the amount of KRW 11,720 was recovered and the amount of outstanding reimbursement was KRW 36,584,798.

At the time of the conclusion of the instant credit guarantee agreement, the deceased agreed to pay the amount of damages at the rate set by the Plaintiff and the amount of damages when the Plaintiff performed the guaranteed obligation. Since September 1, 2015, the above rate of damages applied to the present time is 8% per annum.

E. On December 9, 2018, the Deceased died without his/her lineal descendant. The parents and brothers and sisters of the Deceased renounced their inheritance on the deceased’s property, and other lineal ascendants died prior to the commencement of the inheritance.

Accordingly, among collateral blood relatives within the fourth degree of the deceased, the Defendants were jointly inherited the property of the deceased according to their share of 1/3 each, among collateral blood relatives within the fourth degree of the deceased.

Among collateral blood relatives related to the deceased and third degree of relationship, those other than the Defendants shall either die before the commencement of the inheritance or succeed to the property of the deceased.