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(영문) 수원지방법원 2018.06.12 2017나68011
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation that runs a credit guarantee business. G was a person who entered into a credit guarantee agreement with the Plaintiff and died on March 22, 2012. The Defendants are the inheritors of G, and the Defendants are the husband of G, and the remaining Defendants are the children of G.

B. On July 1, 2010, the Plaintiff entered into a credit guarantee agreement with G and G as set forth by the Defendant pursuant to the relevant statutes (hereinafter “the instant credit guarantee agreement”) in order to provide a credit guarantee for a loan obligation to be borne by the community credit cooperative in Sungnam-do, with the guarantee number of H, the guaranteed principal of KRW 5 million for the guarantee period, from July 1, 2010 to July 1, 2013 for the guarantee period, from July 1, 2010 to July 1, 2013 for the Plaintiff’s subrogation of the loan.

C. However, G on September 1, 201, 201

On December 22, 2011, the Plaintiff repaid KRW 3,223,740 in subrogation of G to the Saemaul South Korea Community Credit Cooperatives.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The plaintiff's assertion

1.(c)

The Defendants, as their successors, are obligated to pay the remainder of the subrogated payment to the Plaintiff as well as the agreed damages for delay, since they subrogated for the loans to the community credit cooperatives in Sungnam-do as described in paragraph (1).

3. On December 22, 201, the Plaintiff paid 3,223,740 won in subrogation to the Saemaulnam-do Community Credit Guarantee Fund in accordance with the instant credit guarantee agreement in subrogation of G under the credit guarantee agreement; the agreed rate on damages for delay incurred by subrogation is 14% per annum from December 22, 201 to May 31, 2012; and 12% per annum from the next day to the next day; and the Plaintiff recovered 42,200 won out of the above repaid amount from G on December 22, 2011; the interest accrued to the said 42,200 won x 16 won per annum 14% x 14% per annum (the same shall apply to the interest accrued to the said 42,200 won x 14% per annum x 365 days per annum x 365 days (the same shall apply) hereinafter); and the Defendant’s heir from G among its inheritors and its inheritors.

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