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(영문) 창원지방법원진주지원 2019.11.26 2019가단2205
구상금
Text

1. Within the scope of inheritance from the network C to the Plaintiff

A. Appointed D shall be 32,411,521 won and among them 29,229.

Reasons

1. Facts of recognition;

A. On November 20, 2015, the Plaintiff entered into a credit guarantee agreement with the deceased as to the obligation for facility loan to the H association of the deceased (hereinafter “the deceased”). On May 18, 2018, the Plaintiff subrogated KRW 121,85,410 in accordance with the said credit guarantee agreement.

B. According to the aforementioned credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the sum of the amount of the reimbursement and the amount of damages calculated by the rate determined by the Plaintiff for the amount of the performance from the date of the performance (Article 10(1) and the amount of damages, etc. as of March 5, 2019 shall be as listed in the following table, and the agreed damages for delay shall be 12%.

C. On June 20, 2018, the Deceased died. At the time, the heir was the heir D, self-selected E, F, G, and Defendant (hereinafter “Defendant”) but all of them reported the inheritance limited approval to the Jeonju District Court, and received a judgment of acceptance of the report from the said court on July 24, 2018.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination

A. According to the determination as to the cause of the claim, the Defendant and the designated parties are obligated to pay the Plaintiff the amount of KRW 32,411,521 (i.e., KRW 118,842,247 x KRW 3/11 x less than KRW 3/11; hereinafter the same shall apply) and KRW 29,229,024 (i.e., 107, 173,092 x 3/111 x 3/11) equivalent to the principal from March 6, 2019 to March 27, 2019, the delivery date of the original copy of the instant payment order from March 27, 2019 to May 31, 2019 (i.e., the agreed interest rate of KRW 12%, 15% per annum, 16% per annum, 2816% per annum, 1628/160 per annum, 2719).

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