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(영문) 제주지방법원 2016.11.15 2015가단10621
구상금
Text

1. The Defendant (Appointed Party) and the appointed parties B, C, D, E, F, and G are within the scope of the property inherited from the deceased H.

Reasons

1. Basic facts

A. The Plaintiff, a management institution of the Agricultural and Fishery Credit Guarantee Fund, entered into a credit guarantee agreement with H and ① 3,00,000 won of the guaranteed amount on September 30, 1997, and the guarantee period from September 30, 1997 to September 30, 2007, ② the guaranteed amount on December 5, 1997, is KRW 67,000,000, guarantee period is from December 8, 1997 to December 8, 2007, ③ the guaranteed amount is KRW 5,40,000,000, and the guarantee period is from December 31, 1998 to December 31, 201.

B. After that, under the guarantee of the Plaintiff under each of the above agreements, H received each of the loans of KRW 33,00,000, KRW 67,000,000 from Korea Agricultural Cooperative, and KRW 5,400,000, and the principal and interest of KRW 5,400,00 from Korea Agricultural Cooperative was not repaid. Accordingly, the Plaintiff subrogated to Korea Agricultural Cooperative on December 30, 199, KRW 71,138,792, and KRW 35,168,966, and KRW 5,741,826 on March 24, 200.

C. The Plaintiff’s claim for indemnity due to the said subrogation is KRW 360,978,148 (254,016,217, including the balance of subrogated reimbursement, KRW 106,961,931, and KRW 256,016,217) as of July 15, 2015, and the rate of damages for delay applicable from July 16, 2015 is 12% per annum.

On the other hand, H died on August 7, 199, and the judgment was rendered at the Jeju District Court on September 6, 1999 to accept the report of the renunciation of inheritance by the above co-inheritors as to I, J, K, and L, who are their co-inheritors, on the same day, on September 6, 1999. As a result, H’s brothers and sisters succeeded to the above claim amount obligation against the Plaintiff by their shares, and the judgment was rendered at the Jeju District Court on August 18, 2016 to accept the report of the qualified acceptance of inheritance by the above co-inheritors.

【In the absence of dispute over the grounds for recognition, Gap's evidence 1 through 6, Eul's evidence 1, Eul's evidence 2 (each number omitted), and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant (Appointed Party) and the appointed parties B, C, D, E, F, and G are from the deceased H.

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