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(영문) 대구지방법원 2019.03.28 2018나312549
구상금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in this court, shall be modified as follows:

Reasons

1. Facts of recognition;

A. On September 19, 2016, the Plaintiff entered into a credit guarantee agreement with the deceased B, with the credit guarantee amount of KRW 25,500,000, and the credit guarantee period of KRW 12,00,00, up to September 12, 2017, with the creditor Co., Ltd.

B was issued a credit guarantee certificate in accordance with the above credit guarantee agreement and was loaned KRW 30 million from C.

B. On January 26, 2017, as a result of the occurrence of a guarantee accident by losing the benefit of time for the above C’s loan obligation, the Plaintiff subrogated KRW 25,863,401 of the principal and interest of loan pursuant to the credit guarantee agreement as above on May 30, 2017, and paid KRW 1,445,59 of the substitute payment due to provisional attachment expenses.

C. The rate of damages for delay under a credit guarantee agreement between the Plaintiff and B is 12% per annum from August 1, 2013 to December 31, 2017, and 10% per annum from January 1, 2018.

B The deceased on November 8, 2016. At the time, the court of first instance was the co-defendant D, the defendant who is the spouse, and the co-defendant E, who is the co-defendant of the first instance court. However, the court of first instance, co-defendant D, and E reported the renunciation of inheritance to the Daegu Family Court on January 10, 2017, and received a judgment to accept the report of the renunciation of inheritance as of February 21, 2017, and the defendant filed a report of the refusal of inheritance as of January 25, 2017, and received the judgment to accept the report of the refusal of inheritance as of March 14, 2017.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 7, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant: (a) KRW 27,309,00 for reimbursement and substitute payment (25,863,401 substitute payment of KRW 1,445,59) within the scope of property inherited from the Plaintiff to the Plaintiff (i.e., KRW 25,863,401 substitute payment of KRW 25,863,409) and its indemnity amount of KRW 25,863,401, whichever is the date of subrogation, shall be 12% per annum from May 30, 2017 to December 31, 2017, which is the agreed delay interest rate; and (b) from January 1, 2018 to October 29, 2018, which is the date of delivery of a copy of the application for change of the purport of the instant claim and the cause of the claim.

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