구상금 및 사해행위취소 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 21, 2009, the Plaintiff entered into a credit guarantee agreement of KRW 10,000,000 as to the Plaintiff’s claim for reimbursement against F and F’s national bank. The F was loaned from the national bank on August 24, 2009 to KRW 10,000,000 (on August 20, 2014, repayment period) from the national bank. 2) The F lost the benefit of the said loan due to the closure of business on June 29, 2012.
On January 4, 2013, the Plaintiff subrogated to the National Bank for the principal and interest of the loan amount of KRW 4,072,479.
On the other hand, under the above credit guarantee agreement, F paid penalty, expenses for compensating for indemnity, and damages for delay calculated at the rate determined by the Plaintiff when the Plaintiff subrogated.
As a result, penalty is KRW 27,240, the expenses for the preservation of claims are KRW 609,820, and the damages for delay after December 1, 2012 are 12% per annum.
B. The legal act F between Defendant A and the networkF donated the real estate indicated in the separate sheet (hereinafter “instant housing”) on July 9, 2012 to Defendant A, the wife, while in excess of debt.
F on July 10, 2012, the F completed the registration of ownership transfer in the name of Defendant A with respect to the instant housing.
[Reasons for Recognition] The entry (including a serial number) of Gap evidence Nos. 1 through 11 and the purport of the whole pleadings
2. Determination as to the claim for indemnity
A. The Plaintiff’s assertion as the cause of the Plaintiff’s claim for indemnity has a claim against F for the amount of KRW 4,709,539 for indemnity and for delay damages for the amount of KRW 4,072,479 for the remainder of subrogation.
F Along with the death of September 13, 2012, the F inherited shares of Defendant B, C, D, and E, a collateral blood relative of the fourth degree.
Therefore, Defendant B, C, D, and E are liable to pay each of the Plaintiff KRW 588,692 (=4,709,539 x 1/8) and damages for delay to the Plaintiff (=4,072,479 x 1/8).
B. However, the Plaintiff recognized that Defendant B, C, D, and E renounced the inheritance of the deceased F’s property (Seoul Family Court 2015 Modan8720).
Therefore, the plaintiff's claim for reimbursement based on the premise that the defendant B, C, D, and E inherited the property of the network F is without merit.
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