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(영문) 광주지방법원목포지원 2016.01.26 2015가단7914

구상금

Text

1. To the extent of the property inherited from the deceased H by the Plaintiff:

A. Defendant A: (a) KRW 7,178,105; and (b) KRW 7,119.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is the deceased H (hereinafter “the deceased”).

(2) The Plaintiff entered into a credit guarantee agreement with each other four times more (i) the guaranteed amount of KRW 4,50,000 as of September 2, 2004, ② KRW 9,360,000 as of September 2, 2004, ③ KRW 10,500,000 as of September 2, 2004, ④ the guaranteed amount of KRW 24,30,000 as of August 5, 2008, ④ the guaranteed amount of KRW 24,30,000 as of August 5, 2008). (ii) The Plaintiff paid each credit guarantee agreement with the local government of Jindo-do, Jindo-do, Seoul Metropolitan City, under the said credit guarantee agreement, KRW 35,597,942 as of June 19, 2015, as of July 13, 2015, the damages amount of KRW 292,584 as of July 13, 2015.

3) Meanwhile, the Deceased died on December 11, 2014, and his bereaved family members died, and there are the remaining Defendants, the Defendant A and their children, the wife of which are the Defendants. 4) The Defendants reported the inheritance limited recognition under the Gwangju Family Court’s Maritime Court’s 2015-Madan59, and the qualified acceptance report was accepted on March 31, 2015.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

B. According to the above findings of determination, Defendant A is obligated to pay the Plaintiff KRW 7,178,105 (=35,890,526) (i.e., total amount of subrogated payment of KRW 3/15, and damages incurred until July 13, 2015; hereinafter the same shall apply) and KRW 7,119,58 (i.e., subrogated payment of KRW 35,597,942 x 3/15) (i.e., subrogated payment of KRW 35,597,942 x 3/15) annual interest rate from July 14, 2015 to December 2, 2015 on the amount of KRW 12% (i.e., the agreed delay rate from the following day to the date of full payment of KRW 35,890,526, Nov. 25, 2015; and (ii) annual interest rate of KRW 15% (i.e., KRW 30454, 2947,545) per annum

The Defendants are the Defendants.