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Reasons
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(영문) 대구지방법원 2017.09.19 2017가단3069
상속채무금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the birth of the deceased F (hereinafter referred to as “the deceased”), and Defendant B’s wife, and the rest of the Defendants are their children.

B. On December 14, 1997, the Deceased borrowed KRW 20 million from G (hereinafter “the deceased’s debt”) and the Plaintiff guaranteed the deceased’s debt to G.

C. Meanwhile, on March 31, 2000, the Plaintiff borrowed KRW 40 million at the rate of 2% per month from G.

(1) The term “Plaintiff’s loan obligations” means the Plaintiff’s loan obligations: (a) 17,00,000 first loan 40,000,000 on December 17, 200; (b) 17,000,000 won = 23,000,000 on April 1, 200 (as of December 200), No. 10,000, 300 on April 10, 200; (c) 6,00,000, 3,000 on November 14, 200, G208, G207, G200 on July 1, 200, G208 (as of December 10, 200, G200 on July 1, 2000; and (d) 3,7,000 on August 9, 200, G200.

D. The Plaintiff repaid the obligation to G as follows:

【Grounds for Recognition】 Evidence Nos. 1, 2, 4, and 3-1, 2-2, and the purport of the whole pleadings

2. The Plaintiff’s assertion is a guarantor of the deceased’s loan obligation, and on behalf of the deceased, he subrogated the creditor G to the creditor KRW 32 million in total from April 10, 201 to October 7, 2016. Moreover, the Plaintiff lent KRW 10 million in total to the deceased on March 13, 2001 and KRW 5 million on March 8, 2002.

Therefore, the Defendants, which are the property successors of the deceased, are obligated to pay to the Plaintiff the amount corresponding to each inheritance share of KRW 42 million, including the amount of indemnity of KRW 32 million due to the above subrogation and the amount of KRW 10 million equivalent to the above borrowed amount of KRW 42 million.

3. Determination

A. As to the claim for reimbursement, the Plaintiff asserted that, as a guarantor of the deceased’s loan obligation, the Plaintiff subrogated the obligee G to the obligee for the sum of KRW 32 million from April 10, 2001 to October 7, 2016, but subparagraph 2 of the Plaintiff’s certificate.

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