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(영문) 대구지방법원 2018.06.21 2018가단108008
청구이의
Text

1. The Defendant’s compulsory execution based on the payment order against the Plaintiff A by the Daegu District Court 2018 tea142 is the Plaintiff A’s net.

Reasons

1. Facts of recognition;

A. On February 10, 2017, the Defendant provided credit guarantee at the time when E Company received a loan from the Daegu Branch of the Industrial Bank of Korea.

D On February 10, 2017, the above E Co., Ltd. had jointly and severally guaranteed the Defendant’s obligation, such as indemnity, based on the above credit guarantee.

B. However, upon occurrence of the guarantee accident with the above E Co., Ltd., the Defendant subrogated for the loan to the above Industrial Bank of Korea on January 19, 2018, and accordingly D was liable for the joint and several liability to the Defendant with regard to the amount of subrogation, etc.

C. D A died on October 26, 2017, and his heir was the Plaintiff B and C, the wife, and the Plaintiff B and C.

On January 23, 2018, the Defendant filed an application against the Plaintiffs for the payment order with the Daegu District Court 2018 tea142, and on January 23, 2018, “The Plaintiff jointly and severally with the Defendant for KRW 19,691,430 and KRW 17,245,511 among them, shall be paid 10% per annum from January 19, 2018 to the date service of the original copy of the payment order, and 15% per annum from the next day to the date service of the original copy of the payment order. The Plaintiff B and C jointly and severally with the Defendant for each of KRW 13,127,618 and 11,497,06 from January 19, 2018 to the date service of the original payment order, and shall pay damages for delay by 15% per annum from the next day to the date of service of the original payment order.”

E. On December 19, 2017, Plaintiff A filed a qualified acceptance report on the deceased D’s property inheritance with the Daegu Family Court Decision 2017Ra10682, and on February 13, 2018, the said court’s decision was rendered to accept the said report.

In addition, on December 1, 2017, Plaintiff B and C filed a report on the waiver of the deceased D’s property inheritance under the Daegu Family Court Decision 2017Ra10642, and on January 16, 2018, the said court’s decision was rendered to accept the report.

[Ground] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff.

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