beta
Text
1. The defendant shall within the scope of the property inherited from the deceased B, and KRW 281,465,568 among them and KRW 279,957 among them.
Reasons
1. Facts of recognition;
A. On May 23, 2016, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) with a credit guarantee principal of KRW 280,00,000, and the credit guarantee period from May 30, 2016 to May 29, 2017, and issued a credit guarantee certificate in the future. At that time, the deceased B, the representative director of C, was jointly and severally and severally liable for all obligations, such as reimbursement against the Plaintiff.
B. C received a loan from the Industrial Bank of Korea based on the above credit guarantee certificate, but failed to repay the loan. On September 11, 2017, the Plaintiff subrogated for the total amount of KRW 282,143,088 in subrogation of C.
C. On June 25, 2017, the deceased B, a joint and several surety, died on June 25, 2017, and the inheritor is the defendant and his child D, a spouse, and among them, D renounced inheritance, and the defendant, a spouse, was finally determined by the Incheon Family Court's 2017-Ma2318 on September 26, 2017.
At present, the balance of the subrogated payment remains 279,957,558 won, the subrogated payment of KRW 1,507,412, and the fixed damages of KRW 598, and the interest rate on delay determined by the Plaintiff is 10% per annum.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 281,465,568 won in total and 279,957,558 won in total within the scope of the property inherited from the deceased who is a joint and several surety, and 10% per annum, the agreed delay damages rate from September 11, 2017 to April 10, 2019, which is the service date of the original copy of the payment order in this case, and 30% per annum from the next day to May 31, 2019, the statutory interest rate of Article 3(1) main sentence of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
3. Conclusion.