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(영문) 대전지방법원천안지원 2016.04.06 2015가단104080
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 8,344,894 and KRW 8,344,870 among them:

B. Defendant B and C are from the network D.

Reasons

1. Facts of recognition;

A. On June 3, 2013, the Plaintiff entered into a credit guarantee agreement with the network D (hereinafter “the network”) setting the credit guarantee principal of KRW 30,000,000, and the credit guarantee term as of May 27, 2016.

(hereinafter “instant credit guarantee agreement”). (b)

On June 4, 2013, the Deceased loaned KRW 25,00,000 at the point of YY YY 20,000 under the Credit Guarantee Agreement, but the Deceased died on October 15, 2014, and the principal and interest thereon was overdue from October 28, 2014.

C. On March 5, 2015, the Plaintiff subrogated for KRW 25,000,000 and interest KRW 259,650 in total, and KRW 25,259,650 in a new bank on behalf of the Deceased.

Article 10(1) and (3) of the Credit Guarantee Agreement provides that “When the Foundation performs a guaranteed obligation, the Foundation shall reimburse the amount of the performance of the guaranteed obligation and the amount of damages calculated according to the calculation method and the rate determined by the Foundation from the date of repayment to the date of repayment, and the rate determined by the Foundation shall be determined by the Foundation in consideration of the interest rate on overdue loans of financial institutions within the scope prescribed by the Act and subordinate statutes.”

E. The percentage determined by the Plaintiff is 12% per annum from January 1, 2014, and the amount of damages calculated accordingly is 73 won.

F. The deceased’s children E (the first heir), mother F (the second heir), Non G (the third heir), Chokin H and I (the fourth heir), were adjudicated on December 30, 2014 on the acceptance of the declaration of renunciation of inheritance.

(B) Defendant A, his mother, and Defendant B, and his mother, are dependent on the third degree collateral blood relatives of the deceased except for H and I, who were the first degree collateral blood relatives of the Daejeon Family Court.

H. Defendant B and C received an adjudication on January 16, 2016 on the acceptance of a report on the inheritance approval of the deceased’s property.

(Grounds for recognition) Gap's evidence 1 through 8, Eul's evidence 1 and 2, each fact inquiry results with respect to the new Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul-si, the purport of the whole pleadings, and the purport of the whole arguments.

2. Determination on the cause of the claim.

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