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(영문) 서울서부지방법원 2015.12.11 2015나33421
구상금
Text

1.Paragraph 1 of the order of the judgment of the first instance shall be amended, upon a request made by a change in the trial, as follows:

2. The Plaintiff

Reasons

1. Facts of recognition;

A. On October 15, 2010, the Plaintiff issued a guarantee of KRW 10,200,000, out of loan obligations to the Agricultural Cooperatives of the Seoul Gyeonggi-do (loan principal of KRW 12,00,000), pursuant to the credit guarantee agreement entered into with the deceased C on November 2, 2010, pursuant to the credit guarantee agreement entered into with the deceased C, and C paid to the Plaintiff the amount of subrogation and the amount of damages calculated by applying the rate of delay damages determined by the Plaintiff as to the subrogation when the Plaintiff performed the guaranteed obligation pursuant to the credit guarantee agreement. The said rate of delay damages is 15% per annum from April 20, 2010 to the present.

B. Thereafter, around January 3, 2013, the occurrence of a credit guarantee accident involving delay in payment of the principal and interest of the above loan to the Seoul Gyeonggi Bank. On July 11, 2013, the Plaintiff subrogated for KRW 7,872,782, including principal and interest, to the said Seoul Gyeonggi Bank for the performance of the guaranteed obligation. The amount of KRW 85,670 collected from C and the amount of subrogation was KRW 7,787,112.

C. On the other hand, C died on November 2, 2013, and C had the Defendant A and his/her spouse as his/her heir. D.

On July 8, 2015, the Defendants reported each inheritance limited approval of the deceased C’s inheritance with respect to the inheritance of the property as the Suwon District Court’s Ansan Branch Decision 2015Radan941, and was tried on August 28, 2015 to accept the said report.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-7, Eul evidence Nos. 1-2 and the purport of the whole pleadings

2. According to the determination and the conclusion, the Defendants, the deceased’s heir, are liable to the Plaintiff for reimbursement based on the shares in inheritance within the scope of the property inherited from the deceased. The Defendants, the deceased’s heir, were 4,672,267 won (=7,787,112 won x 3/5, and less than won; hereinafter the same shall apply), Defendant B, as well as 3,114,84 won (=7,787,112 won x 2/5) and each of the above amounts, from July 11, 2013, the date of subrogation, to January 4, 2015, Defendant A, the delivery date of a duplicate of the complaint of this case, from January 23, 2015; 15% per annum from the following day to September 30, 2015; and 20% per annum of each agreement as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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