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(영문) 인천지방법원 2017.08.09 2015나59504
구상금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff against the defendant A, which corresponds to the amount ordered below.

Reasons

1. Basic facts

A. On September 9, 2002, C entered into a credit guarantee agreement with the Plaintiff under the joint and several sureties of Defendant A, the husband, and agreed to pay the amount and damages for delay calculated at the rate of 18% per annum from the date of vicarious payment to the date of full payment when the Plaintiff fulfilled the credit guarantee obligation.

B. On January 12, 2004, the Plaintiff subrogated to the National Bank for KRW C’s loan obligations of KRW 26,155,972.

C. On June 8, 2004, the Plaintiff filed a lawsuit against C and Defendant A for the claim of indemnity amount due to the said subrogation. On November 10 of the same year, the Plaintiff was rendered a favorable judgment with the purport that “C and the Defendant A jointly and severally paid to the Plaintiff the amount of KRW 25,984,358 and KRW 25,973,372 per annum from January 12, 2004 to September 21, 2004; and KRW 20% per annum from the next day to the date of full payment.”

(Seoul Central District Court 2004Kadan183027, hereinafter referred to as the "Bates") d.

However, C died on July 3, 2004, while the previous suit was pending, and C as co-inheritors C’s lineal descendant and the Defendant A, who is her husband, was the same year.

9. 16. Abandonment of inheritance.

On the other hand, the judgment of the previous suit was finalized on December 2, 2004 for the defendant A, and on December 22, 2004 for C, it was processed on January 6, 2005 as served on December 22, 2004.

E. Meanwhile, Defendant A’s father died on February 5, 2014, and his inheritor G, H, and Defendants were the inheritors. However, on February 2014, the aforementioned inheritors divided the inherited property indicated in the separate sheet (hereinafter “instant real property”) to solely inherit Defendant B’s real property (hereinafter “instant inherited property division agreement”). On February 24, 2014, the Plaintiff completed the registration of ownership transfer under Defendant B’s name under the Incheon District Court Northern Incheon District Court’s receipt No. 10896, Feb. 24, 2014.

F. Defendant A did not have any property at the time of the agreement on division of the inherited property in this case.

[Reasons for Recognition]

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