(영문) 대구지방법원 2016.03.29 2015가단124504

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(영문) 대구지방법원 2016.03.29 2015가단124504

구상금

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1. The extent of the property inherited from the deceased B shall not exceed the extent of the property:

A. Appointed C: 40,499,860 Won and 39.0 of them

Reasons

1. Facts of recognition;

A. On May 26, 200, the Mine Logistics Co., Ltd. borrowed KRW 200 million from the National Bank. On May 26, 200, the Plaintiff issued to the National Bank a credit guarantee letter on the amount equivalent to KRW 170 million equivalent to KRW 85% of the above loans.

B. In the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the mining logistics corporation determined that the Plaintiff shall pay to the Plaintiff damages for delay, additional guarantee fees, and other legal procedural costs at the rate of damages determined by the Plaintiff from the date of payment to the date of full payment.

C. The deceased B (hereinafter “the deceased”) jointly and severally guaranteed all indemnity obligations owed to the Plaintiff by the Mine Logistics Co., Ltd.

The plaintiff filed a lawsuit against the deceased et al. on September 26, 2005, the Daegu District Court sentenced that "the deceased et al. shall jointly and severally pay to the plaintiff 171,202,647 won and 170,870,031 won among them shall be 18% per annum from September 21, 2000 to July 6, 2005, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

E. After the judgment became final and conclusive, the Plaintiff disbursed KRW 4,629,79 as the legal procedure cost to secure the deceased’s claim for reimbursement.

F. On June 24, 2015, the deceased died on June 24, 2015, and the deceased’s wife C, the Defendant (Appointed Party) who is the wife A, the appointed party D, E, F, and Nonparty A, and the qualified acceptance applied by the said inheritor (U.S. District Court 2015Mo2065) was accepted on September 8, 2015.

[Judgment of the court below] Facts without a dispute over the basis of recognition, Gap 1 through 3 evidence, Eul 1's entries and the purport of whole pleadings

2. According to the above facts of recognition, the Deceased is obligated to pay to the Plaintiff the amount of KRW 175,831,446 (the amount of KRW 171,202,647 by subrogation, KRW 4,628,79 by subrogation) and the amount of delay damages for KRW 170,870,031 by subrogation.

The defendant (designated parties) and appointed parties are.

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