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(영문) 광주지방법원 2018.11.16 2018가단523797
구상금
Text

1. The Plaintiff within the scope of the property inherited from the net K:

A. Defendant A, B, C, and D are gold 43,89,472 won.

Reasons

1. Basic facts

A. On October 11, 200, the Plaintiff concluded a credit guarantee agreement with the principal debtor L, joint guarantor M, K, and N in order to obtain a loan of KRW 40,000,000 from the NAF, which is equivalent to the amount of security deposit of KRW 40,000,000,000, and issued each credit guarantee agreement with the Gwangju Bank to obtain a loan of KRW 254,99,996 from the Gwangju Bank.

However, due to a credit guarantee accident, the Plaintiff paid 40,597,589 won to the Agricultural Cooperatives Federation on September 25, 2005, and 255,720,389 won to the Gwangju Bank on October 28, 2005, respectively.

B. The plaintiff filed a lawsuit against L, K, and N, a joint guarantor, etc. with the Gwangju District Court 2006Kadan21809, which is the principal debtor, and the above court rendered a judgment on May 11, 2006 that "the defendant jointly and severally paid to the plaintiff 297,972,158 won and 40,597,589 won from September 27, 2005, 25, 255,720,389 won from October 28, 2005 to April 9, 2006, and 20% per annum from the next day to April 9, 2006 to the date of full payment." The above judgment became final and conclusive on August 29, 2006.

C. K, a joint and several surety, died on September 2, 2012, and succeeded to the shares of A, B, C, D, M,O, P, each of 21/147, each of which was a child, and the O died on December 7, 1992. As the E spouse died on December 7, 1992, the E spouse inherited 9/147, and F, a child, and 6/147 shares each of which were 6/147. Since P died on March 6, 2012, H, I, and J inherited 7/147 shares each of their children.

On February 22, 2013, Defendant A, B, C, and D received respectively the judgment of limited recognition by inheritance from the Gwangju Family Court 2013-Ma239, Defendant E, F, and G, the judgment of limited recognition by inheritance from the Gwangju Family Court 2014-Ma1223 on September 15, 2014, and Defendant H, I, I, and J were accepted on July 4, 2014.

E. The Plaintiff only against L, joint and several sureties, M, and N, the primary debtor company.

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