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(영문) 광주지방법원해남지원 2016.09.22 2016가단1554
구상금
Text

1. Within the scope of the property inherited from the networkF, the Defendants: KRW 11,614,844, respectively, and KRW 11,610 among them.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff entered into a credit guarantee agreement with F on June 27, 2001, and the Defendant is a gold-day Agricultural Cooperative (hereinafter “FFF”) on the same day.

(2) On December 20, 2001, the Plaintiff submitted a credit guarantee certificate issued by the Plaintiff and borrowed KRW 39,000,000. 2) The Plaintiff concluded a credit guarantee agreement with F on December 20, 201, and the Defendant received a loan of KRW 39,00,000 by submitting a credit guarantee certificate issued by the Plaintiff to FFF. On the same day.

3) Since F did not repay its loans to Nonghyup, the Plaintiff fulfilled its obligation to repay F’s loans to Nonghyup on February 23, 2005 upon the request for the performance of the NAFC. 4) The Plaintiff filed an application for the payment order with the Gwangju District Court 2005Da683 (Seoul District Court 2005Da683), claiming reimbursement and its delayed payment on the ground of repayment of each of the above loans to F, and on May 24, 2005, “F was served on May 24, 2005 with the payment order for F to the Plaintiff 69,689,067 won for indemnity and 69,61,040 won of its principal from February 24, 2005 to the delivery date of payment order from the next day to the date of payment order, and on May 26, 2005, the payment order was served to FF on May 26, 2005.

5) The F died on December 4, 2014. G and the Defendants, their children, jointly inherited the net F’s property. 6) G and the Defendants, on November 18, 2015, filed a report on the qualified acceptance of inheritance inheritance with respect to the deceased H on December 7, 2015.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 and 6 (including each number), and the purport of the whole pleadings

B. The Defendants are co-inheritors of the network H, the qualified acceptance of which was reported, and the amount of 11,614,844 won (=69,689,067 ¡À6, less than won) corresponding to each of the statutory shares of inheritance to the Plaintiff within the scope of the property inherited from the deceased H (hereinafter the same applies).

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