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1. The defendant shall not exceed 32,901,239 won and 14,091,725 won among the plaintiff within the scope of the property inherited from the deceased B.
Reasons
1. Facts of recognition;
A. On December 3, 2015, the Plaintiff entered into a credit guarantee agreement with B and C (hereinafter “C”) with the principal of credit guarantee (hereinafter “credit guarantee agreement”) as of October 5, 2020, in order to secure the payment of the principal of credit guarantee, and the credit guarantee agreement with the maturity of the credit guarantee (hereinafter “credit guarantee agreement”).
B. On the other hand, the rate of damages for delay determined by the Plaintiff on the amount of the guaranteed debt is 10% per annum from the date of the above subrogation to the date.
(c)
B submitted a credit guarantee certificate issued pursuant to the instant credit guarantee agreement and received a loan from C. On April 3, 2018, the occurrence of an accident of guarantee of principal arrears (including the payment of discount notes) occurred, and on August 23, 2018, the Plaintiff repaid KRW 34,122,222 to C on behalf of the Plaintiff.
(d)
The Plaintiff recovered total amount of KRW 1,241,530 on August 23, 2018, and KRW 500,00 on October 10, 2018, and KRW 1,241,530 on December 3, 2018, and the remainder of the subrogated repayment was KRW 32,880,692 (= KRW 34,122,22 - 1,241,530). As above, the amount of the subrogated repayment delayed damages calculated on October 23, 2018 (i.e., the total amount of KRW 20,547, KRW 6,575, KRW 500 on October 10, 200 and KRW 1,241,530 on December 3, 2018).
E. Meanwhile, B died on February 5, 2018, and D and E reported the renunciation of inheritance to the Seoul Family Court on April 11, 2019 and received a decision from the above court on June 25, 2019 (Seoul Family Court Decision 2019J 2773), and the Defendant, the spouse, filed a report of limited approval with the Seoul Family Court on April 22, 2019, received a decision to accept the said report from the above Seoul Family Court on July 25, 2019 (Seoul Family Court Decision 2019Mo3017). Since then, the Plaintiff filed an application for correction of the party indication on June 10, 2020, the father, the deceased’s father, the deceased’s father.