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(영문) 수원지방법원 2020.12.11 2020나61843
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

Reasons

1. Basic facts

A. On November 8, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with C (the deceased’s death on May 7, 2019), with respect to the obligation that the deceased would have to bear to D (hereinafter “Nonindicted Bank”) a stock company, with the credit guarantee principal of KRW 14,250,00, and the guarantee period from November 8, 2016 to November 8, 2021 (hereinafter “the instant credit guarantee agreement”).

B. The instant credit guarantee agreement provides that when the Plaintiff fulfilled the guaranteed obligation to the non-party company, the deceased shall pay to the Plaintiff the amount paid for the performance of the guaranteed obligation and the amount of damages at the rate determined by the Plaintiff from the date of the performance of the agreement (10% of the agreed damages for delay), and that the Plaintiff shall set the order of appropriation for the collection amount.

C. On November 8, 2016, the Deceased was granted a loan of KRW 15 million from the non-party bank as security under the credit guarantee agreement of this case (hereinafter “the instant loan”). D.

On May 2, 2019, the Deceased lost the benefit of time due to the nonperformance of the instant loan, and the Plaintiff subrogated for KRW 8,469,503 in total to the Non-Party Bank on May 2, 2019 upon the request to discharge the guaranteed obligation of the Non-Party Bank.

E. Meanwhile, Defendant A inherited the deceased’s property as the 3/5’s inheritance portion, and Defendant B’s 2/5’s inheritance portion. On November 13, 2019, the Defendants were determined to have inherited the deceased’s property as the Gunsan Branch of the Jeonju District Court 2019Mo50101.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Comprehensively taking account of the facts of the assertion and determination as well as the overall purport of the arguments and arguments, the remaining amount of KRW 1,853, recovered from the deceased for 8,469,50, which the Plaintiff subrogated to the non-party company in accordance with the credit guarantee agreement of this case, is below KRW 8,467,653 [the total amount of the compensation obligations of the deceased for the remainder of KRW 8,467,653 [the amount of principal subrogated to the non-party company 8,467,650] 3 won (the recovered amount 1,853 x the agreed rate 10% x 7/365 x May 2, 2019) and the total amount of the compensation obligations

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