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1. The defendant shall within the scope of the property inherited from Nonparty B to the plaintiff 23,705,690 won and 23,275 among them.
Reasons
1. Facts of recognition;
A. On September 21, 2009, the Plaintiff entered into a credit guarantee agreement with B as of October 20, 2014, including the guaranteed amount of 40,000,000, and the guarantee period of 40,000,000, and the Plaintiff agreed to pay to the Plaintiff additional guarantee fees for the Plaintiff’s subrogated amount and interest thereof, expenses incurred in compensating for indemnity claims, and remaining obligations under a guarantee agreement.
B. B was granted a loan of KRW 40,000,000 from the National Bank of Korea on the basis of the guarantee agreement described in paragraph (a), and the Plaintiff did not pay the principal and interest of the loan. On February 17, 2014, the Plaintiff subrogated for KRW 22,50,000, interest KRW 775,650, and interest KRW 23,275,650, and the Plaintiff spent KRW 430,040 as the provisional payment to compensate for the Defendant’s claim for reimbursement against the Defendant. As of January 1, 2014, the rate of the guarantee fee as of January 1, 2014 is 12% per annum.
C. Upon the death on December 14, 2013, the second heir except for C, D, E, and the Defendant (including substitute inheritors) was tried to waive inheritance, and the Defendant was finally affirmed on July 20, 2014 by the Daejeon Family Court’s 2014-Ma142.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 5, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 23,705,690 (=23,275,650 won) and the amount of KRW 23,275,650, whichever is the date of subrogation for the Plaintiff within the scope of inherited property from B, with 12% per annum under the agreement from February 17, 2014 to April 14, 2014, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment for the amount of KRW 23,275,650, whichever is later.
3. Accordingly, the plaintiff's claim is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.