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The Plaintiff
A. Defendant (Appointed Party), Appointed C, D, E, F, G, and H are jointly and severally from the network J with the Appointor I.
Reasons
1. Basic facts
A. On October 25, 2001, the deceased J (hereinafter “the deceased”) took out a loan of KRW 35.7 million from the K Association, and entered into a credit guarantee agreement between the Plaintiff and the Plaintiff (hereinafter “the instant credit guarantee agreement”). In accordance with the agreement, when the Plaintiff performed the guaranteed obligation, the Plaintiff agreed to be paid the amount of performance of the guaranteed obligation, damages and expenses at the interest rate determined by the Plaintiff from the date of subrogation, and the Selection jointly and severally guaranteed the Defendant’s liability for indemnity against the Plaintiff under the instant credit guarantee agreement.
B. As the Deceased was unable to repay the principal and interest of the above loan, the Plaintiff subrogated for the sum of KRW 41,493,656 on March 16, 2006, pursuant to the credit guarantee agreement of this case.
As of April 27, 2020, the obligation of indemnity to be borne by the deceased and I of the designated parties as of April 27, 2020 by the Plaintiff is KRW 78,507,716, including the subrogated balance of KRW 41,449,838, and damages, KRW 119,957,554 (i.e., KRW 41,449,838, KRW 78,507,716) (hereinafter “the obligation of indemnity of this case” or “the obligation of indemnity of this case”) and the rate of damages determined by the Plaintiff is 8% per annum.
C. On January 23, 2005, the Deceased died, and on his inheritor’s spouse L, the Defendant (the appointed party, hereinafter “Defendant”), the appointed party C, D, E, F, G, and H were adjudicated to accept a report on the qualified acceptance of inheritance of the deceased’s property from the Gwangju Family Court’s support on April 26, 2005.
(2005 Madan74) After August 19, 2017, the inheritance shares of the deceased in the Defendant (Appointed Party; hereinafter “Defendant”) (Appointed Party”); C; D; E; F; G; G; and H were 1/7, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination on the cause of the claim, barring any special circumstance, Defendant C, Appointed C, D, E, F, G, and H are jointly and severally with the Appointor I.