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1. The defendant shall not exceed KRW 20,480,273 and KRW 20,480,129 among them to the plaintiff within the scope of the property inherited from the deceased B.
Reasons
1. Facts of recognition;
A. On September 10, 2013, the Plaintiff entered into a credit guarantee agreement with B (the deceased’s death on December 31, 2014; hereinafter “the deceased”) with respect to the amount loaned from the Korea Investment Savings Bank Co., Ltd. (hereinafter “Nonindicted Bank”) on September 10, 2018 (hereinafter “the instant agreement”) with a guarantee term of KRW 25,650,000, and the deceased did not perform his/her obligation to repay the loan after receiving the loan from the Nonindicted Bank, and the Plaintiff made a contract with the deceased on his/her subrogation to pay the overdue interest rate as determined by the Plaintiff, damages for delay as determined by the Plaintiff, and expenses for legal procedure, etc. in order to discharge the guaranteed obligation.
B. After receiving a loan from a non-party bank, the Deceased did not repay the principal and interest of the loan. Accordingly, on February 25, 2015, the Plaintiff repaid 20,922,959 won to the non-party bank of the Deceased in subrogation of the Deceased, and recovered 442,830 won out of the amount of subrogated payment, 144 won was determined as a final damages for the amount of the recovery. The overdue interest rate under the instant agreement determined by the Plaintiff after the date of subrogated payment is 12% per annum.
C. On February 12, 2015, the Defendant, the inheritor of the Deceased, filed a qualified acceptance report on the inherited property of the Deceased with the District Court Decision 2015Ra308 Decided February 12, 2015. On May 7, 2015, the said court rendered a judgment on acceptance of the said report on qualified acceptance.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 and Eul evidence 1, the purport of the whole pleadings
2. According to the above facts, the defendant, as the inheritor of the deceased, was qualified as a qualified acceptance on inherited property, shall, within the scope of the inherited property inherited from the deceased, pay to the plaintiff totaling KRW 20,480,273 (=20,92,959 on behalf of the deceased – KRW 442,830 on behalf of the deceased - 442,830 on behalf of the deceased) and unpaid reimbursement.