beta
Text
1. The Defendants: 18,508,191 won and its equivalents within the scope of the property inherited from the deceased C, respectively.
Reasons
1. Facts of recognition;
A. On May 6, 2009, the Plaintiff entered into a credit guarantee agreement with Nonparty C as to the repayment obligation of KRW 36,000,000 for the principal and interest of loan. Nonparty C was loaned KRW 36,00,000 from the Nonghyup Bank in accordance with the said credit guarantee agreement.
B. Non-party C failed to repay the obligation of the instant loan, and on August 23, 2010, the Plaintiff subrogated to the Nonghyup Bank for the principal and interest of the loan KRW 37,016,383 ( principal KRW 36,00,000, interest KRW 1,016,383).
C. On February 10, 2010, Nonparty 1 died, and the Defendants were parents as heirs. On September 17, 2015, the Defendants filed a request for a qualified acceptance judgment with Seoul Family Court 2015-Ma8912, and the said court accepted the qualified acceptance judgment on November 13, 2015.
The rate of delay damages under the credit guarantee agreement between the Plaintiff and the Non-Party C is 15% per annum until November 30, 2012, and 12% per annum after December 1, 2012.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 4 (including each number), the purport of the whole pleadings
2. In light of the above facts, the Defendants, the heir of the deceased C, are obligated to pay 18,508,191 won (37,016,383 won x 1/2) in proportion to their respective shares of inheritance within the scope of the property inherited from the deceased C, and 15% per annum from August 24, 2010 to November 30, 2012, the day following the date on which the Plaintiff’s subrogation was made, the agreed delay interest rate of 15% per annum from August 24, 2010 to November 30, 2012; and 12% per annum from the following day to December 24, 2015, the date of the final delivery of the purport of the claim of this case and the application for change of cause; and Da from the next day to the date of full payment, the delay interest rate of 15% per annum as prescribed by the Act on Special Cases Concerning Facilitation, etc.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.