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(영문) 부산지방법원 2020.11.06 2020가단306736
구상금
Text

Defendant A’s 83,923,744 won and 83,923,102 won among the Plaintiff’s 83,923,102 shall be annually from November 11, 2015 to January 31, 2016.

Reasons

1. Amount guaranteed by guarantee number 1 C 40,000,000 under guarantee period on May 21, 2014, 2016: (a) corporate ordinary financing loans 2D 40,000,000,000 corporate ordinary financing loans on October 28, 2018, October 28, 2018; (b) corporate ordinary financing loans 3 E 32,000,000,000 on November 27, 2014;

A. The Plaintiff entered into a credit guarantee agreement with Defendant A with the following content (hereinafter “each of the instant credit guarantee agreements”).

B. Defendant A received each credit guarantee form under each of the instant credit guarantee agreements from the F Bank as follows. From September 10, 2015, Defendant A delayed the payment of the principal and interest of the F Bank from around September 10, 2015. Accordingly, on November 11, 2015, the Plaintiff subrogated the F Bank to pay the principal and interest of the loan amounting to KRW 85,878,812, and collected KRW 1,955,710 from Defendant A, and the final delay amount due to recovery amount is KRW 642.

Serial No. 1 C 40,000,000 on May 22, 2014, 2014: 50,000,000 2 D 40,000,000,000 October 29, 2014; 50,000,000 E 32,000,000,000 on October 27, 2014

C. As the deceased G died on December 29, 2019, the Defendant A (C/C), Defendant B (C/C), and H (C/C) signed an agreement on division of inherited property solely inherited by Defendant B (hereinafter “instant agreement”) on December 29, 2019 with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and completed the registration of ownership transfer in the name of Defendant B on February 10, 202.

On March 26, 2020, Defendant A and H reported the renunciation of inheritance to the Busan Family Court. On May 8, 2020, Defendant A and H reported the renunciation of inheritance to the Busan Family Court.

[Ground of recognition] Facts without dispute, Gap 1 to 8 evidence, each entry of Eul 1 to 4 evidence (including each number; hereinafter the same shall apply), the first institution of this court, the result of fact inquiry into the tax affairs of the Geum-gu Office and the purport of the whole pleadings

2. The assertion and judgment

A. Determination as to the claim for reimbursement

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