beta
Text
The Defendants, within the scope of the property inherited from the net G, shall not exceed 11,076,279 won and 10,804.
Reasons
1. Facts of recognition;
A. On July 18, 2002, the Plaintiff entered into a housing finance credit guarantee agreement with G to repay the principal and interest of loan to H bank. On September 20, 2005, the Plaintiff subrogated the H bank to KRW 54,021,250 for the principal and interest of loan pursuant to the above credit guarantee agreement.
B. On April 14, 2009, the Plaintiff filed an order with G to pay the said indemnity amount as Busan District Court Decision 2009 tea 9329, and the said court issued an order to pay the Plaintiff KRW 54,872,986, and KRW 54,021,250, “G shall pay to the Plaintiff 15% per annum from September 20, 2005 to the delivery date of the original copy of the payment order, and KRW 20% per annum from the next day to the date of full payment.” This was served to G on April 20, 2009 and finalized on May 5, 2009.
C. According to the above credit guarantee agreement, the obligor would pay the legal procedure cost incurred by the Plaintiff for the enforcement or preservation of the claim for reimbursement. After the payment order became final and conclusive, the Plaintiff additionally disbursed KRW 553,90, and recovered KRW 45,580 among them.
G: (a) On November 2, 2009, the deceased (hereinafter “the deceased”); (b) at the time, the heir was wife I (the deceased’s death); (c) children J (Defendant B; Defendant C); K (Defendant D’s mother); and (d) L (Defendant E; Defendant F’s mother); but all of them renounced inheritance; (c) on August 10, 201, the Defendants, as the deceased’s grandchildren, were the next-class heir, filed a report on the re-approval of inheritance with the Busan Family Court’s Family Court’s 201Mo2671; and (d) on October 4, 2011, the said court received a judgment from the said court on acceptance of the report.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants as the inheritors of the deceased, within the scope of the property inherited from the deceased, and each of the KRW 11,076,279 [=(the legal procedure cost of KRW 54,872,986 on the final payment order) is part of KRW 553,90.