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(영문) 광주지방법원해남지원 2016.05.12 2015가단3263
구상금
Text

1. The Defendants, within the scope of each inherited property from the network C, shall not exceed 14,980,769 won and 5.0

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) C was loaned 10,00,000 won (interest rate of 13% per annum, 17% per annum, 17% per annum, and 10% due date of repayment, May 10, 1997) from the government-managed Agricultural Cooperatives as collateral on April 26, 1995 with the credit guarantee agreement entered into with the Plaintiff and issued by the Plaintiff on December 5, 1996 (this rate of 5% per annum, 15% per annum, 15% per annum, 5% per annum, and 5% due date of repayment, 1997). C was provided with a credit guarantee agreement entered into with the Plaintiff on November 1, 1996 and issued by the Plaintiff on December 5, 1996.

3) C fails to repay the loan properly, the Plaintiff performed the obligation to repay the loan as of May 11, 1995 to the Government Agricultural Cooperative on January 12, 200 upon the request for the performance of the guaranteed obligation of each lending financial institution, and the obligation to repay the loan as of December 5, 1996 to the Government Agricultural Cooperative on August 6, 2007. 4) The amount of the indemnity obligation of C under the credit guarantee agreement as of July 19, 2015 is calculated as follows, and the interest rate under the credit guarantee agreement is 12% per annum.

5) C died on June 21, 2009 and jointly succeeded to the property of the network C by D and its spouse, the Defendants, E and F. [Grounds for recognition] Gap evidence Nos. 1 and 10 (which include each number of numbers), and the purport of the entire pleadings.

B. Accordingly, barring any special circumstance, the Defendants, co-inheritors of the network C, are liable to pay to the Plaintiff the indemnity amount of KRW 14,980,769 ( KRW 82,394,233 x 2/11 x less than KRW 2/11, hereinafter the same shall apply) and the principal amount of KRW 5,569,392 among them ( KRW 13,780,360 + KRW 16,851,298) x 2/11) calculated according to their respective statutory shares in inheritance, barring any special circumstance.

2. The defendants asserted that the judgment of the defendants as to the defendants' assertion has the obligation to perform within the limit of inherited property, since they made a qualified acceptance of inheritance.

An inheritor who has filed a report on qualified acceptance is liable to repay his/her obligations to the extent of the inherited property.

(Article 1028, Section 1029, of the Civil Act).

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