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(영문) 광주지방법원 목포지원 2021.01.13 2020가단51465
양수금
Text

to the extent of the property inherited by the Plaintiff from the deceased L:

A. Defendant B, C, E, F, H, and J respectively KRW 24,828,633.

Reasons

1. Basic facts

A. On May 30, 1996, M organizations entered into an agreement with the deceased to lend KRW 35,00,000 to the deceased (the deceased’s death on November 11, 2016, hereinafter “the deceased”) and determined on May 30, 199 as interest rate of 11.5% per annum, delay rate of 18% per annum, and date of maturity of payment on May 30, 1997.

In addition, at the time of the above loan agreement, the N Fund entered into an agreement that guarantees the payment of the net’s obligations for the loan (hereinafter “the first credit guarantee agreement”) and issued the credit guarantee to the deceased.

B. On May 21, 1996, the Association entered into an agreement with the Deceased to lend KRW 15,000,000 to the Deceased, with the interest rate of KRW 13.5% per annum, the rate of delayed damages 19% per annum, and the due date of payment May 21, 1998.

In addition, at the time of the above loan agreement, the N Fund entered into an agreement that guarantees the payment of the net’s obligations for the loan (hereinafter “the Credit Guarantee Agreement of this case”) and issued the credit guarantee to the deceased.

(c)

As the Deceased was unable to repay his respective obligations of the above loans, the N Fund subrogatedly repaid 46,757,309 won on October 27, 200 in accordance with the credit guarantee agreement of the instant case (i.e., KRW 35,00,00,000 interest of KRW 10,970,339, KRW 786,970), and KRW 21,769,216 (i.e., KRW 15,00,00 interest of KRW 6,52,736, KRW 216,480).

(d)

On December 13, 2018, the N Fund Management Agency MM transferred to the Plaintiff the entire claim for reimbursement against the deceased arising from subrogation payment under the Credit Guarantee Agreement Nos. 1 and 2 of the instant case (hereinafter “each claim for reimbursement”).

E. At the time of the deceased’s death, the Defendant B, C, E, F, H, and J succeeded to the network P on January 22, 2017, following the deceased’s death.

F. The Defendants filed a petition for a limited approval judgment on the inheritance of the deceased’s property with Gwangju-si 2017 Down-do 499, and received a judgment on October 13, 2017 from the said court to accept the limited approval report.

G. As of February 25, 2020, the instant case.

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