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(영문) 대전지방법원 2020.09.09 2019가단111599
구상금
Text

The Defendants, within the scope of the property inherited from the network C, shall be KRW 44,013,070, respectively, to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition ① entered into a housing finance credit guarantee agreement with the Plaintiff on March 14, 2014 with the guaranteed principal of KRW 90 million, and received a loan of KRW 100 million from the D bank under a housing finance credit guarantee agreement.

② The Plaintiff subrogated for KRW 88,026,141 to the D Bank on October 11, 2016 under the said credit guarantee agreement, due to credit accidents involving C’s loans.

(8% agreement rate per annum of delay damages) (3) The C died on April 16, 2016, and succeeded to the obligations of the Defendants, who are their children, to the heir.

[Ground] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers) and the purport of the whole pleadings

B. According to the above facts, the Defendants, as the heir of the deceased C, are obligated to pay the Plaintiff the indemnity amount of KRW 44,013,070, respectively, and the delay damages therefrom.

2. Determination as to the validity of the Defendants’ inheritance limited approval

A. According to the evidence evidence Nos. 1 and 2, the Defendants are obligated to pay to the Plaintiff the agreed interest rate of 8% per annum from October 12, 2016 (the date following the date of repayment by subrogation) to September 9, 2020 (the date of payment by subrogation), and damages for delay calculated at the rate of 12% per annum from the following day to the date of full payment, as well as from the date of full payment by 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, to the date of full payment.

B. The Plaintiff asserts that there is no validity of the inheritance limited recognition by concealing and omitting property, such as the deposit for lease on a deposit basis, which is inherited property, and that the entire inheritance obligation should be fulfilled with statutory simple approval

With respect to whether the Defendants concealed or omitted inherited property, each statement of Gap evidence (including the serial number) is insufficient to recognize it, and evidence to recognize it otherwise.

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