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1. The plaintiff. The defendants are 10,33,460 won each within the scope of property inherited from the network E and 10,308.
Reasons
1. Basic facts
A. On March 25, 2009, the Plaintiff concluded a credit guarantee agreement (hereinafter “instant guarantee agreement”) on March 24, 2010 with respect to the principal obligation borne by the network E between the network E and the principal obligation, setting the credit guarantee principal amounting to KRW 30 million and the credit guarantee term (hereinafter “instant loan”). The network E obtained a loan of KRW 30 million from the National Bank of Korea (hereinafter “Nonindicted Bank”) based on the credit guarantee certificate issued by the Plaintiff around that time, based on the credit guarantee certificate issued by the Plaintiff.
B. On May 25, 2011, the Plaintiff subrogated to the Non-Party Bank to pay KRW 30,925,182, the sum of the principal and interest of the instant loan, as the net E did not pay interest on the instant loan and lost its benefit.
C. The net E’s additional guarantee fee to be paid to the Plaintiff under the instant guarantee agreement is KRW 75,200, and when the Plaintiff fulfilled the guaranteed obligation under the instant guarantee agreement, the net E pays damages for delay in accordance with the interest rate determined by the Plaintiff from the date the Plaintiff performed the guaranteed obligation. The rate of delay interest determined by the Plaintiff is 15% per annum from April 20, 2010 to April 28, 2015, and 12% per annum from April 29, 2015.
The network E died on August 6, 2015, and the Defendants, their children, filed a qualified acceptance report on November 2, 2015 in inheritance of the network E’s property under the District Court Decision 2015Ra2133 decided November 2, 2015, and the said court accepted the said report on January 14, 2016.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. According to the allegations and the facts found as above, the Defendants’ respective KRW 10,33,460 (= Principal KRW 31,00,382 + Principal KRW 30,925,182 + Additional Guarantee Fees of KRW 75,200) x the Defendants’ inheritance shares of KRW 1/3 and KRW 10,308,394 = Total amount of the Plaintiff’s indemnity obligation of KRW 30,925,182) x KRW 10,308,394 x KRW 30,925,182).