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(영문) 의정부지방법원 2016.09.27 2016가단16825
구상금
Text

1. The plaintiff

A. Within the scope of the property inherited from the network G, Defendant A shall be 24,277,640 won and among them 9,083.

Reasons

1. According to the determination as to the cause of the claim, each of the facts in question may be admitted either in dispute between the parties or in the entries in Gap evidence 1 to 5 (including branch numbers; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

The Plaintiff, the management institution of farmers and fishermen of the Korea Agricultural and Fishery Credit Guarantee Fund, concluded each credit guarantee contract with the deceased G (the deceased on February 17, 201, hereinafter “the deceased”) and ① the guarantee amount of KRW 47,700,000 on July 11, 2001, ② the guarantee period of KRW 4,450,00 on July 11, 2001, ② the guarantee period of KRW 7 years from the date of the loan, ③ the guarantee period of KRW 4,70,00 on December 11, 201, ③ the guarantee period of KRW 4,700,000 on December 11, 201, and the guarantee period of KRW 5 years from the date of the loan, ④ the guarantee period of KRW 3,300,000 on April 22, 202, and seven years from the guarantee period of the loan.

B. On November 25, 2005, the Plaintiff received a total of KRW 60,150,000 from Pyeongtaek-gun Agricultural Cooperative under the guarantee of the Plaintiff under each of the above agreements, and thus, was unable to repay the principal and interest of the loan.

C. The Plaintiff’s claim for indemnity arising from the subrogation as above is KRW 105,203,110 as of June 1, 2016 (=65,842,519 + delay damages, etc. + KRW 39,360,591, such as delay damages). The rate of delay damages for indemnity claims is 12% per annum.

As the wife of the Deceased, the Defendant A jointly succeeded to the deceased’s property as his children, Defendant B, C, D, E, and F.

According to the above facts, barring special circumstances, Defendant A is obligated to pay each of the damages for delay to the Plaintiff, and Defendant B, C, D, E, and F, as to KRW 24,640, which constitutes inheritance shares, and KRW 9,083,213, which constitute inheritance shares, and KRW 16,185,093, which constitute inheritance shares, and KRW 6,05,475, among them.

2. The Defendants’ assertion as to the Defendants is based on the following: (a) the Defendants reported the qualified acceptance of inheritance; and (b) the Defendants received the adjudication on the acceptance of the report on qualified acceptance of inheritance.

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