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1. The defendant shall not exceed 102,695,266 won and 44,487.
Reasons
1. Facts of recognition;
A. On July 28, 2000, the deceased B (hereinafter “the deceased”) obtained loans of KRW 30 million from the Agricultural Cooperative, and KRW 10 million from the Net Livestock Industry Cooperative on May 27, 2003, respectively. The Plaintiff entered into a credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) with respect to the deceased and the above loans of KRW 39 million (=one million out of the loans owed to agricultural cooperatives of KRW 30 million) and issued a credit guarantee agreement with respect to each credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”).
B. At the time of the conclusion of each credit guarantee agreement of the instant case, the Plaintiff and the Deceased agreed to pay damages and all other expenses in addition to the amount of delayed damages determined by the Plaintiff. Accordingly, the rate of late damages determined by the Plaintiff is 15% per annum until December 16, 2012, and 12% per annum thereafter.
C. As the Deceased did not fully repay its respective obligations of the above loans, the Plaintiff paid the principal amount of KRW 10,570,815 to the Net Livestock Industry Cooperatives on June 30, 2006 (i.e., the principal amount of KRW 9,000,000 and KRW 1,570,815); and (ii) KRW 33,916,589 to the Agricultural Cooperatives on October 31, 2006 (i.e., principal amount of KRW 30,000,000 and KRW 33,916,589). Accordingly, the principal and interest of the indemnity obligation that the Deceased shall pay to the Plaintiff is a sum of KRW 102,695,266 as of January 17, 2016 (=102,44,487,50,810,570,815,370,397,589,79,789).
On the other hand, the deceased died on October 3, 201, and his heir had C and C, a child of the deceased, and the plaintiff and D. Among the above inheritors, C and D reported the renunciation of inheritance to this court on November 4, 201, and the plaintiff reported the renunciation of inheritance to this court on the same day, respectively, and the judgment was rendered on November 15, 201 to accept each of the above reports to this court on the same day.
(based on recognition), there is no dispute over this Court (Court 2011-Ma165, 166). A evidence 1.