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(영문) 대구지방법원 2019.10.31 2018가단115297

구상금 등

Text

1. The Plaintiff:

A. Defendant A and Defendant F, within the scope of the property inherited from Nonparty G (H) by Nonparty A and Defendant F, respectively, 6,141.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Non-Party G (hereinafter “Non-Party Deceased”) 1) Non-Party Deceased on November 24, 2016 (hereinafter “I”)

(2) In the event that the Plaintiff performed the guaranteed obligation to the lending financial institution in accordance with the above credit guarantee agreement, the non-party deceased agreed to pay the amount of damages in accordance with the interest rate prescribed by the articles of incorporation and the expenses to be incurred by the Plaintiff in full after the date of the performance, and the expenses incurred by the Plaintiff in preserving, transferring, and exercising its rights. The amount of damages prescribed by the articles of incorporation of the Plaintiff is 10% per annum from January 1, 2018 to 10% per annum.

3) On December 27, 2017, an accident of guarantee due to delay of principal and interest occurred with respect to the above loans of Nonparty Deceased. On April 11, 2018, the Plaintiff subrogated KRW 31,306,942 with respect to the above credit guarantee agreement. 4) On April 11, 2018, the Plaintiff recovered KRW 598,532 with regard to the above credit guarantee agreement by offsetting the unpaid guarantee fee against the principal. From this case, the remainder amount of subrogation under the above credit guarantee agreement was 30,708,410 won (=amount of subrogation 31,306,942 - recovered amount of KRW 598,532).

5) As to the above recovery amount, 163 won was assessed on the basis of the loss rate as seen earlier until the recovery was made. 6) Accordingly, the amount of the claim for reimbursement that the Plaintiff could claim against the deceased was determined on the basis of the total amount of KRW 30,708,573 (i.e., the amount of the subrogated amount of KRW 30,708,410 (163 won) and the damages for delay incurred from April 11, 2018, which is the date of subrogation for the amount of KRW 30,708,410, which is the subrogated amount.

B. Nonparty 1’s death and inheritance of Nonparty 1 were left without any lineal descendant and lineal descendant on November 27, 2017.