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(영문) 대전지방법원천안지원 2016.03.31 2015가단102404
구상금
Text

1. The Plaintiff:

A. As to KRW 27,857,640 among Defendant A and KRW 12,086,645 among them, Defendant A shall be from November 13, 2014 to May 12, 2015.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) obtained a loan from the Songsan Agricultural Cooperative (hereinafter “UF”) as follows, and entered into a credit guarantee agreement with the Plaintiff (hereinafter “the instant credit guarantee agreement”).

The guarantee rate of the guaranteed amount on the expiry date of the guarantee period on the date of the expiry date of the guarantee agreement 198.1.2.16,700,000 won on December 30, 2003.16,700% on December 30, 2003, 17% on 17.4% on April 27, 2001. 9,000,000 won on April 27, 2004. 10% on April 27, 2004. 10% on April 27, 2004; 12% on 17% on December 3, 2004.

B. However, as the deceased did not repay his debt borrowed from Songsan AF, Songsan demanded the plaintiff to discharge his guaranteed debt, and the plaintiff paid the deceased debt on behalf of the plaintiff to Songsan AFF as follows.

On November 8, 2005, the amount of subrogation for the principal and interest on the date of payment by subrogation shall be KRW 718,382,382,90,000 on November 7, 2005, KRW 9,000,000 on November 7, 2005, KRW 2,086,027 on November 7, 2005.

C. The amount of claims for indemnity acquired by the Plaintiff by subrogation pursuant to the credit guarantee agreement of this case is as follows as of November 12, 2014.

The amount of damages by subrogation 11,08,058,382 won 11,737,429,90,730 won 20 won 11,086,027 won 14,364,757 won 28,87 won 25,519,6710,6710 KRW 20,14,409 KRW 26,102,806 won 182,806 won in total of fines for negligence.

D. Meanwhile, the deceased died on May 17, 2002, and the deceased’s heir had the wife A (3/5 shares in inheritance) and Defendant B (2/5 shares in inheritance).

【Defendant A’s ground for recognition: A without a dispute, entry of Gap’s evidence 1 through 5, 7, and 9, and the purport of the whole pleadings against Defendant B: Article 208(3)3 of the Civil Procedure Act (by service by public notice)

2. According to the above facts of recognition as to the cause of the claim, the Plaintiff acquired the right to indemnity against the deceased by subrogated the obligation of the deceased against the Songsan Agricultural Cooperative, and as the inheritor of the deceased.

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