beta
Text
1. The judgment of the court of first instance is modified as follows:
The attached list entered between the defendant and C on March 27, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff’s preserved claim 1) The Plaintiff is Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”).
B) As to the obligation to return a loan that the non-party company will take by obtaining a loan of KRW 100,000,000 from the E bank on February 25, 2000, the non-party company agreed to provide a credit guarantee within the limit of KRW 100,000,000 for the guaranteed amount from February 25, 200 to February 25, 2001 (hereinafter “the credit guarantee agreement of this case”).
(2) On October 4, 2000, the non-party company was also treated as a party’s account. On January 16, 2001, the Plaintiff subrogated for KRW 91,821,452 to the E Bank in accordance with the instant credit guarantee agreement, and recovered KRW 15,128,046 from the non-party company after subrogation.
3) The Plaintiff filed an application with the Busan District Court for a payment order with Nonparty Company and C seeking reimbursement under the credit guarantee agreement of this case. On June 2, 2016, the above court ordered the Plaintiff to pay the amount of KRW 80,548,773 as well as KRW 76,693,406 as to KRW 18% per annum from January 16, 2001 to May 31, 2005, KRW 15% per annum from June 1, 2005 to May 11, 2006, and KRW 20% per annum from the next day to the date of full payment. The above payment order was finalized at that time to the effect that the Plaintiff was jointly and severally paid the amount of KRW 80,548,73 as well as KRW 76,693,406 as to the real estate held in the name of the deceased (hereinafter referred to as the “property preservation order”).
2) The Deceased died on July 18, 200. On March 27, 2015, the deceased inherited the deceased’s property by inheritance of each of one-seven shares in M, C, J, N,O, P, and the deceased’s spouse of Q (Death on December 20, 1996). The R inherited each of 3/49 shares, and 2/49 shares in Q (Death on December 20, 196), which are children, by inheritance by agreement and division.