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(영문) 대전지방법원 2020.06.10 2020가단848
구상금
Text

1. Within the scope of property inherited from each net E (F) to the Plaintiff:

A. Defendant B shall pay 38,274,975 won and any of them.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with the network E (hereinafter “the network”), with respect to loans worth KRW 21 million on April 17, 2001 (hereinafter “the instant loan”). On December 24, 2001, the Plaintiff issued a credit guarantee agreement with the G Union, a lending institution, at each time thereafter.

B. However, the Deceased lost the benefit of each of the above loans thereafter, and the Plaintiff subrogated on December 20, 2006 each of the loans of this case to KRW 22,052,876 (i.e., the principal amount of the loan of this case KRW 1,052,876), and on December 20, 206, KRW 10,596,711 (=the principal amount of the loan of this case KRW 596,711) as to the second loan of this case on December 20, 206.

C. As of November 7, 2019, the amount of indemnity against the deceased E based on the above subrogation by the Plaintiff is equivalent to KRW 32,649,314 of the principal of the subrogated payment, KRW 56,377,760 of the delayed payment, KRW 271,97 of the subrogated payment, KRW 9,205 of the total amount of KRW 89,308,276 of the charges for attempted payment, etc.

On October 19, 2015, the Deceased died. Defendant B, his spouse, and Defendant C and D inherited the Deceased with 3/7 shares, 2/7 shares, respectively. On January 20, 2020, the said Defendants filed a report on the inheritance of the Deceased’s property inheritance with the Daejeon Family Court 2020-Ma85, and filed a report on the inheritance of the Deceased’s property on February 3, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, as to the Plaintiff within the scope of the inherited property from each deceased, and Defendant B and D respectively (i.e., the total amount of principal and interest on subrogation 89,308,276 won x 3/7, and less than KRW 13,992,563 won (i.e., principal and interest on subrogation x 32,649,314 x 3/7, and less than KRW 3/7), the Defendant C and D respectively are 25,516.

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