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(영문) 울산지방법원 2017.01.17 2016가단56020
구상금
Text

1. Within the scope of the property inherited from the network D, the Defendants each of the KRW 26,728,479 against the Plaintiff and each of the KRW 8.

Reasons

1. Basic facts

A. On February 27, 1996, the Plaintiff entered into a credit guarantee agreement with the guarantee limit of KRW 20 million for receiving a loan of KRW 20 million from the Masan Agricultural Cooperative.

(hereinafter “instant credit guarantee contract”). (b)

On August 7, 2001, the Plaintiff received a request for the performance of a surety obligation under the instant credit guarantee contract from Onnuri Agricultural Cooperatives, and on the same day, subrogated to the said union for KRW 24,868,144 on the same day.

C. The deceased died on June 29, 2001, and the Defendants are children of the deceased.

As of April 6, 2016, total amount of subrogated payment and delay damages under the credit guarantee contract of this case is KRW 80,185,439.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the reasoning of the evidence No. 1, the Defendants, on June 24, 2002, can be found to have received the inheritance limited approval ruling of the deceased D as the Ulsan District Court No. 2002Ja-241 on June 24, 2002.

According to the above facts and the above facts, the Defendants are obligated to pay damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, as to KRW 26,728,479, which is the amount calculated by dividing the total amount of subrogated payment, delay damages, etc. as of April 6, 2016 by 1/3 and the amount of subrogated payment by 1/3,289,381, which is the amount of 8,289,381, which is the amount calculated by dividing the amount of subrogated payment, etc. as of April 6, 2016 by 1/3.

3. In conclusion, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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