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(영문) 서울중앙지방법원 2018.03.28 2017가단5134679
구상금
Text

1. The Plaintiff:

A. As to KRW 71,621,390 and KRW 70,219,09 among them, Defendant A Co., Ltd., Ltd., from June 29, 2017 to KRW 70,219,090.

Reasons

1. Basic facts

A. On March 26, 2015, the Plaintiff entered into a credit guarantee contract with the guarantee limit of KRW 70,000,000,000, with respect to a loan of KRW 70,000 by Defendant A Co., Ltd. from the Nonghyup Bank Co., Ltd.

(hereinafter “instant credit guarantee contract”). E jointly and severally guaranteed debt, such as indemnity, to be borne by A in accordance with the instant credit guarantee contract.

B. On June 29, 2017, the Plaintiff received a claim for the performance of a surety obligation under the instant credit guarantee contract from the Nonghyup Bank Co., Ltd., and subrogated for KRW 70,219,090 to the Nonghyup Bank Co., Ltd.

C. As of July 4, 2017, the sum of the amount of subrogation and additional guarantee fees under the credit guarantee contract in this case is KRW 71,621,390, and the remainder of subrogation is KRW 70,219,090, and the agreed delay interest rate under the credit guarantee contract in this case is 12% per annum from the date of subrogation.

E died on June 14, 2017, and Defendant B succeeded to the deceased’s property as his wife, Defendant C, and D’s child.

On December 22, 2017, Defendant B, C, and D were tried to accept the report of inheritance limited recognition by the Seoul Family Court 2017 Madan6509.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the above findings of determination, Defendant A, a corporation, is obligated to pay to the Plaintiff 71,621,390 won for indemnity and 70,219,090 won for the amount of 71,621,390 won for indemnity and 12% per annum, which is the date of service of a copy of the complaint in this case from June 29, 2017 to July 27, 2017, and 15% per annum, which is the date of service of a copy of the complaint in this case from June 29, 2017, and the next day to the date of full payment. The remaining Defendants jointly and severally with Defendant B, within the scope of property inherited from the network E, shall be jointly and severally paid to Defendant C, C, and D, each of which is 20,463,255 won for each of them, and 20,62,598 won for subrogation.

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