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(영문) 광주지방법원 순천지원 2018.09.12 2018가단2466

구상금

Text

1. The Defendants shall not exceed KRW 53,237,920, respectively, within the scope of the property inherited from the deceased C, and KRW 22,474,749.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the deceased C (hereinafter “the deceased”) to guarantee the payment of the principal and interest of loans to the deceased’s financial institutions.

B. On January 24, 2008, the Plaintiff subrogated for 45,001,099 won for the principal and interest of loan to the deceased’s financial institution, and then filed an application for payment order with the Gwangju District Court’s 2008,1236 for the deceased. On May 13, 2008, the said court ordered the Plaintiff to pay damages for delay for KRW 46,778,264 and KRW 44,949,49.

The above payment order was finalized on June 3, 2008.

C. As of March 12, 2018, the Plaintiff has a claim for reimbursement of KRW 106,475,841 against the Deceased (i.e., the amount of damages by subrogation of KRW 44,949,49,499, the amount of damages by subrogation of KRW 61,287,712, and KRW 238,630, the amount of damages by delay from December 17, 2012 is 12% per annum.

The Deceased died on January 4, 2009, and the Deceased’s inheritors were children. The Defendants filed a qualified acceptance report with the Gwangju Family Court’s 2018 Down-Ma10057, which was decided on June 21, 2018 by the said court.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant, who filed the instant lawsuit for the purpose of interrupting extinctive prescription, is liable to pay damages for delay for KRW 53,237,920 and KRW 22,474,749, respectively, within the scope of the property inherited from the Deceased.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.