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(영문) 춘천지방법원 2016.09.22 2016가단3990
구상금 등
Text

1. The defendant shall not exceed 43,259,426 won and gold 43,188.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in light of the whole purport of the arguments as to Gap evidence 1, evidence 2, evidence 3, evidence 4, evidence 5, evidence 6, evidence 7, evidence 8, and evidence 9, evidence 1, and evidence 1, evidence 2, evidence 3, evidence 4, evidence 5, Gap evidence 6, evidence 7, evidence 8, and evidence 9.

On June 25, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with Nonparty B (hereinafter “the deceased”) to pay the amount of subrogated payment and the amount of agreed damages from the date of subrogation for the performance of the guaranteed obligation on June 24, 2010.

B. On June 25, 2008, the Deceased borrowed KRW 50,000,00 from the Non-Party Nonghyup Bank Co., Ltd. (hereinafter “Non-Party Bank”) as collateral for the instant credit guarantee.

(hereinafter “instant loan”). C.

On March 29, 2016, the deceased delayed interest on the instant loan, and the bank notified the Plaintiff of the credit guarantee accident on May 16, 2016.

On June 23, 2016, the Plaintiff subrogated for 43,190,172 won to the non-party bank. Of them, 1,740 won has been repaid and the amount of subrogated payment remains 43,18,432 won.

E. Damages for the credit guarantee of this case are 12% per annum, and 70,994 won per annum was accrued from June 23, 2016 to June 27, 2016.

F. On October 24, 2015, the Deceased died, and the Defendant and Nonparty C became the inheritor. On May 19, 2016, the Defendant received a qualified acceptance report as the case of Chuncheon District Court 2016-Madan14 inheritance limited recognition on May 19, 2016, and Nonparty C received a declaration of renunciation of inheritance as the case of Chuncheon District Court 2016-Madan13.

2. According to the above facts of recognition, the defendant as the inheritor of the deceased, within the limit of the property inherited from the deceased, is the remainder of the subrogated payment to the defendant as the indemnity under the credit guarantee of this case.

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