(영문) 대전지방법원 천안지원 2018.07.04 2017가단112306

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(영문) 대전지방법원 천안지원 2018.07.04 2017가단112306

구상금

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1. The defendant shall not exceed 88,705,663 won and 37,775,856 won among them to the plaintiff within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee agreement with C on May 14, 2001, the main purpose of which is to provide credit guarantee within the scope of KRW 33,400,000 for five years between the Plaintiff and C, and the Plaintiff’s credit guarantee agreement with C (hereinafter “instant credit guarantee agreement”).

2) On November 30, 2007, the Plaintiff paid KRW 37,775,856 on November 30, 2007 due to C’s failure to repay its loan obligations to D Association.

3) As of October 27, 2017, the amount of the claim that the Plaintiff had against C under the instant credit guarantee agreement is KRW 37,775,856 as principal, KRW 50,671,394 as of October 27, 2017, KRW 88,705,663 as of KRW 258,413 as an attempted guarantee fee, penalty, and negligence. Moreover, the overdue interest rate under the instant credit guarantee agreement is 12% per annum. C dies and the Defendant’s inheritance 1) died on July 1, 2016.

2) The heir of C was the wife, E and F, who were the wife, and the wife, and the E and F filed a declaration of renunciation of inheritance with the Daejeon Family Court’s 2016-Ma683, supra, and lost the status of the heir on September 9, 2016. (3) The Defendant filed a declaration of renunciation of inheritance with the Daejeon Family Court’s 2018-Ma2666, supra, and the said declaration was accepted on May 29, 2018.

【Ground of recognition】 Each entry of evidence Nos. 1 through 12, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant, as the sole heir of C, is obligated to pay damages for delay calculated by applying the ratio of 12% per annum to the agreement interest rate of 12% from October 27, 2017 to July 4, 2018, which is the date of this decision, and the date of full payment from the following day to the date of full payment, to 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., within the scope of the property inherited from the deceased C, to the Plaintiff.

The plaintiff served a duplicate of the complaint of this case on the said money.

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