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(영문) 제주지방법원 2020.11.24 2020가단4705

구상금

Text

1. The defendant shall within the scope of the property inherited from the deceased B, and KRW 60,336,795 among the plaintiff and KRW 60,270.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff guaranteed the Plaintiff’s loan of KRW 30,00,000 from the Association on October 14, 2018 as the guaranteed amount of KRW 30,00,000 and the guaranteed period of KRW 20,000 on September 25, 2020. ② On March 13, 2020, the Plaintiff guaranteed the guaranteed amount of KRW 30,000,000 as the guaranteed amount of KRW 30,000 and the guaranteed period of March 12, 2021: (a) the Plaintiff died on April 14, 2020; (b) the Defendant, model E, F, and G, the heir, the Defendant, the E-W, and the E District Court, the heir of which received a report from each court on September 20, 202, and each of the above creditors’ waivers of inheritance as the court’s order of KRW 2020,14,200.

3) The Defendant filed a report on the qualified acceptance of inheritance with Jeju District Court 2020 Ma10145 and received a ruling from the above court on September 16, 2020. 4) Meanwhile, on July 24, 2020, the Plaintiff paid 30,305,070 won principal and interest, and 30,158,934 won as principal and interest to the D Bank, respectively. The damages for delay until July 27, 2020 were 66,101 won, and the Plaintiff recovered 193,310 won out of the amount of subrogated payment, and the agreed compensation rate is 10% per annum.

[인정근거] 다툼 없는 사실, 갑 1∽4호증, 을 1∽12호증(가지 번호 있는 것은 가지 번호 포함)의 각 기재, 변론 전체의 취지

B. According to the above facts, the defendant is obligated to pay to the plaintiff 60,336,795 won (=60,270,694 won (=60,305,070 won above 30,158,934 won - above 193,310 won) and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 28, 2020 to August 19, 2020, which is the delivery date of a copy of the complaint of this case from July 28, 2020 to August 19, 2020, the damages for delay calculated at the rate of 10% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Conclusion, the plaintiff .