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1. To the extent of the property inherited from the net F to the Plaintiff:
A. Defendant B is 3,230,221 won and 33,119 among them.
Reasons
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized in full view of the entries in Gap evidence 1 and 2 (including branch numbers), and the whole purport of the arguments.
1) On November 26, 2001, the Plaintiff changed Defendant A to the National Agricultural Cooperative Federation (Seoul Nonghyup Bank Co., Ltd.).
In the process of receiving a loan of KRW 200,000 from Defendant A, Defendant A entered into a credit guarantee agreement by setting the principal of the credit guarantee as KRW 160,00,000,00 according to Defendant A’s request for guarantee, and the net F was jointly and severally guaranteed the said credit guarantee agreement. 2) Thereafter, Defendant A incurred a credit guarantee accident, and the Plaintiff subrogated for KRW 121,941,172 to the creditor Nonghyup Bank Co., Ltd., Ltd., which is the creditor, on June 25, 2014 (i.e., principal amount of KRW 120,000,000, KRW 1941,172).
3) At the time of concluding the aforementioned credit guarantee agreement with Defendant A, the Plaintiff agreed to pay damages for delay at the rate determined by the Plaintiff from the time of subrogation to the date of full payment. The rate is 12% per annum after June 25, 2014. 4) The Plaintiff collected KRW 502,940 after subrogation on June 25, 2014 and appropriated the amount for the principal of subrogation. As such, the remainder of subrogation is 121,438,232 won (=121,941,172 - partial recovery amount). The amount of subrogation is 502,940 won for partial recovery, 502,940 won x 165 won (=502,940 won x 12% x 140% x 140% for the Plaintiff’s spouse’s / 251, 2014). Meanwhile, the Plaintiff agreed to provide a credit guarantee agreement with Defendant A’s spouse pursuant to Article 251, Article 5145.1 of the Agreement.
On May 12, 2014, the Defendants were tried to accept the declaration of qualified acceptance on May 9, 2014 when succeeding to the deceased F’s property with the Changwon District Court 2014 Down-do-90.