Text
1. The extent of the property inherited from the network D (E) to the Plaintiff:
A. Defendant A is 35,238,954 Won and one of them.
Reasons
1. Basic facts
A. On April 17, 2018, the Plaintiff entered into a credit guarantee agreement (hereinafter referred to as the “instant agreement”) with the deceased on a credit guarantee amount of KRW 90,00,000 with the principal of the credit guarantee and KRW 90,000 on April 12, 2019, and issued a letter of credit guarantee of KRW 90,00,000 to the Deceased on April 18, 2018 pursuant to the instant agreement (hereinafter referred to as the “written guarantee”).
B. In accordance with the instant guarantee agreement, the Deceased borrowed KRW 80,100,000 from Nonparty F Co., Ltd. (hereinafter “Co.”), but did not repay it, the Plaintiff subrogated to F on August 19, 2020, KRW 81,45,944 in accordance with the instant agreement, and the Plaintiff paid the provisional payment of KRW 340,353 in addition, KRW 427,930 in accordance with the instant agreement, and the delayed damages rate under the instant agreement is 9%.
(c)
On the other hand, the deceased died on January 11, 2020, and the deceased’s inheritor was Defendant A and C, the spouse of the deceased, and the Defendants reported the fixed approval inherited by the Suwon Family Court 2020 Suwon 710 on April 10, 2020, and received a judgment that limited approval reports were accepted from the above court on July 14, 2020.
【Fact-finding without a dispute over the basis of recognition, Gap evidence of Nos. 1 through 5, Eul evidence of No. 1, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts of the determination as to the cause of the claim, the Plaintiff owned KRW 82,224,227 of the claim for reimbursement against the Deceased ( KRW 81,45,94,000,000,000 for provisional payment of KRW 340,353,00). Defendant A succeeded to KRW 3/7 shares of the deceased’s property, Defendant B, and 2/7 shares, respectively.
Therefore, within the scope of the property inherited by the deceased, Defendant A, as to the amount of KRW 35,238,954 (won 82,224,227 x less than KRW 3/7, and less than KRW 34,909,690 (won 81,45,944 x 3/7), and the amount of subrogated repayment inherited according to the inheritance share, from August 20, 2020, following the date of subrogation repayment.