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대전지방법원 2017.03.30 2016가단204674

1. The Plaintiff:

A. Defendant A’s KRW 28,407,90 and its corresponding KRW 28,407,90 from August 12, 2015; Defendant C’s KRW 38,000,000 and KRW 38,00.


I. Claim against Defendant B

1. Facts of recognition;

A. D (the deceased on April 30, 2014; hereinafter “the deceased”) entered into a credit guarantee agreement with the Plaintiff as of August 5, 2013, with the credit guarantee principal of KRW 100 million and the credit guarantee period up to August 4, 2014. The deceased failed to perform his/her duty to repay the price for goods to Apt EXE Co., Ltd., and the Plaintiff paid the amount of subrogation and the damages for delay in accordance with the interest rate determined by the Plaintiff in the event the Plaintiff subrogated for the payment of the price for the goods.

B. A credit guarantee accident occurred on May 16, 2014 due to the closure of the deceased’s business, and on September 12, 2014, the Plaintiff subrogated for KRW 100 million to Aart EXE Co., Ltd. (hereinafter “instant indemnity claim”).

C. The heir E applied for qualified acceptance by the Daejeon Family Court No. 2014-Ma1137, and was tried by the said court on August 13, 2014.

On March 20, 2015, the Plaintiff filed a lawsuit against the said E for the claim for reimbursement of the amount of reimbursement against the Daejeon District Court 2014Gadan226014, and was sentenced by the said court on March 20, 2015 (hereinafter “the final judgment of this case”) to the effect that “E shall pay 100,717,900 won within the limit of inheritance from the Deceased and 100,000 won among them, 12% per annum from September 12, 2014 to January 5, 2015, and 20% per annum from the next day to the day of full payment” (hereinafter “final judgment of this case”). The judgment became final and conclusive around that time.

E. Based on the final judgment of the instant case, the Plaintiff filed an application for a seizure and collection order (hereinafter “instant seizure and collection order”) with the Daejeon District Court 2015TT, 50974, which is KRW 57,648,112, and the amount of the claim is KRW 57,648,112, and received a seizure and collection order from the said court on July 21, 2015, and the said order was served on the Defendant on August 7, 2015.

F. The defendant is not more than a diesel engine for the deceased.