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(영문) 대전지방법원 2019.08.29 2018가단205848

구상금 등

Text

1. Defendant F shall within the scope of the property inherited from the net G, and KRW 28,287,846 and among them, KRW 27,756.

Reasons

1. Basic facts

A. On August 22, 2002, G received a loan from H bank under the Plaintiff’s credit guarantee, but failed to repay the loan.2) Accordingly, after the Plaintiff subrogated to H bank in accordance with the credit guarantee agreement, he received a payment order as follows on February 22, 2008 against G by applying for payment order to G as the court 2008 tea1708. The said order was finalized on March 19, 2008, and the legal procedure cost incurred by G and the Plaintiff to preserve the claim for reimbursement under the credit guarantee agreement between G and the Plaintiff was borne by G. In this regard, the legal procedure cost incurred by the Plaintiff is KRW 531,620.

G shall pay to the Plaintiff 27,993,806 won and 27,756,226 won among them, 20% per annum from May 29, 2003 to July 1, 2004, 15% per annum from the next day to March 4, 2008, and 20% per annum from the next day to the date of full payment.

B. Part 1 of the claim for cancellation registration: real estate in the attached name G (hereinafter “instant real estate”)

(A) As to the provisional registration and collateral security as follows, the provisional registration and collateral security are established as to the following contents: (a) the registration of the establishment of the mortgage of Defendant E on the same day as of March 30, 1993, the provisional registration of the claim for ownership transfer on the same day as of April 30, 1993, the provisional registration of the maximum debt amount of KRW 20 million, which was caused by the contract on April 7, 1998 (B) and KRW 130 million, which was caused by the contract on July 14, 1992 (C), shall be registered at the provisional registration of the claim for ownership transfer on the same day as of September 22, 2003, the provisional registration of the claim for ownership transfer on the same day as of July 16, 1992.

C. G died on November 21, 2011, Defendant F reported a qualified acceptance, among inheritors, and the rest of inheritors reported a renunciation of inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 to 2-3, the purport of the whole pleadings

2. Determination as to the cause of action

(a) part of the claim for money by Defendant F.M.