(영문) 광주지방법원해남지원 2016.05.03 2015가단21759

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(영문) 광주지방법원해남지원 2016.05.03 2015가단21759

구상금

Text

1. The defendant shall not exceed 63,085,424 won within the scope of the property inherited from B to the plaintiff and KRW 24,659,424 among them.

Reasons

1. Facts of recognition;

A. On March 17, 2000, 200, 100 won was loaned to HeungHy Agricultural Cooperatives (hereinafter “CFFE”)

Upon entering into the above loan agreement, the Plaintiff and the Plaintiff guaranteed the obligation to borrow the loan to the Nonghyup, and the Plaintiff paid the guarantee fee, administrative fine, and penalty as determined by the Plaintiff, and entered into a credit guarantee agreement with the purport that the Plaintiff shall pay the amount of subrogation, the expenses incidental thereto, and the damages therefrom (hereinafter “instant guarantee agreement”), and the Plaintiff issued the credit guarantee certificate to the Bank of Korea.

B. B delayed the performance of the obligation under the above loan agreement, thereby losing the benefit of time, and the Bank of Korea requested the Plaintiff to discharge the guaranteed obligation.

On December 18, 2009, the Plaintiff subrogated to KRW 18,601,824 for the obligations to the NAFFFFE.

C. As of August 11, 2015, the amount to be paid to the Plaintiff under the instant guarantee agreement is KRW 38,426,00,00, including the remainder of subrogation 24,659,424, and damages for delay, as of August 11, 2015.

Under the credit guarantee agreement of this case, the interest rate for delay applicable to the above indemnity obligation is 12% per annum as of the time of closing argument of this case.

E. Meanwhile, B died on February 19, 2014, and the remaining inheritors other than the Defendant renounced inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 63,085,424 won and delay damages for 24,659,424 won among them.

On the other hand, the plaintiff recognized that the defendant was subject to the inheritance limited approval judgment, and sought to pay the above money within the scope of the inherited property from B.

Therefore, the defendant shall not exceed 63,085,424 won and 24,659,424 won among them within the scope of the property inherited from B.

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