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(영문) 부산지방법원 2016.11.17 2016가단324584
구상금
Text

1. The Plaintiff:

A. As to Defendant A and B’s joint and several KRW 22,953,590 and KRW 20,230,199 among them:

B. Defendant C, D,.

Reasons

1. The facts subsequent to the facts are as follows: (a) the above Defendants were deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act; (b) each description of evidence Nos. 1 and 2 (including paper numbers) between the Plaintiff, the Defendant, and the Defendant A, and E, and the purport of the entire pleadings as a result of the fact inquiry into the court’s standing relationship.

On September 12, 2002, the Plaintiff entered into a credit guarantee contract (hereinafter “instant credit guarantee contract”) with Defendant A under the joint and several sureties between F and Defendant B.

B. Defendant A received a loan from the National Bank under the Plaintiff’s credit guarantee under the instant credit guarantee contract, and delayed repayment of the principal and interest thereof.

C. On January 16, 2006, the Plaintiff repaid to the National Bank of Korea the principal and interest of the above loan amounting to KRW 30,746,892 on behalf of Defendant A. In this regard, the Plaintiff incurred KRW 154,100 as additional guarantee fees stipulated in the credit guarantee agreement of this case.

In addition, the plaintiff paid the expenses of KRW 206,300 to preserve the right to indemnity due to the above subrogation.

F The F died on July 26, 2005, and his heir is G and the Defendants, the wife, are children.

E. The plaintiff filed a lawsuit against G and the defendants as Busan District Court 2006Kadan51580 relating to the above amount of subrogation and additional fees for subrogation, compensation expenses for indemnity, etc. The above court shall pay to G and the defendant C, D, and E money at the rate of 17% per annum from January 16, 2006 to June 7, 2006, on the ground that they were subject to a decision of qualified acceptance with respect to H's inheritance, jointly and severally with the plaintiff within the scope of F's inherited property, and G shall pay to the defendant C, D, and E 7,095,436 won, and 4,730,737 won among them, and 4,730,29 won per annum from January 16, 2006 to June 7, 2006 to 206, and 200% per annum from June 26, 2003.

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