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(영문) 청주지방법원 2015.04.22 2014가단19660
구상금
Text

1. The Plaintiff, Defendant A, B, and C, within the scope of the property inherited from the network G, and Defendant D, E, and F are networked.

Reasons

1. The following facts of recognition are not disputed between the parties, or recognized by Gap evidence Nos. 1 to 5 (including each number, if any) and the purport of the entire pleadings:

A. The Plaintiff entered into a credit guarantee contract with I on October 26, 200; October 23, 2001; and June 16, 2002, when I received loans, such as the funds for structural improvement in agricultural and fishing villages, from the Nonghyup Bank Co., Ltd. and Jeju Agricultural Cooperatives.

B. On July 31, 2003, the Plaintiff subrogated 32,990,249 won in total to the Nonghyup Bank and the Jeju Agricultural Cooperative. Accordingly, based on each credit guarantee contract, the amount to be paid by the Deceased to the Plaintiff based on the above credit guarantee contract is KRW 32,964,386, penalty, penalty, guarantee fee, fine for negligence, fine for negligence, 74,160, three-dimensional expenses, KRW 105,480, confirmation damages and KRW 53,960,133 in total.

C. The rate of damages determined by the Plaintiff pursuant to the aforementioned credit guarantee agreement is 12% per annum from December 17, 2012.

I died on September 23, 2002, and as the first heir, the defendant A and C, who is the wife of I, renounced their inheritance and the second heir, G, who is the father of I, was the father of I as the second heir.

On April 29, 2006, the above G died, and the first-class heir gave up inheritance among his children, H, K, L, and M, and the Defendant A, B, and C jointly inherited or inherited through inheritance.

On February 25, 2011, the above H died, and Defendant D, Defendant E, and F, her husband, jointly inherited, but Defendant E and F qualified inheritance.

2. According to the facts of the above recognition, the deceased G is obligated to pay the Plaintiff damages for delay for the total amount of KRW 87,104,159 under the above credit guarantee contract and the remainder of the subrogated payment amount of KRW 32,964,386.

As the final inheritance shares of the Defendants who succeeded to or succeeded to the network G are Defendant A, D 3/14, Defendant B, C, E, and F 2/14, respectively, and as requested by the Plaintiff, Defendant A, B, and C are from the network G.

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