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1. The Defendants each of KRW 30,940,441 and KRW 12,921,958 among them to the Plaintiff, Defendant A from May 16, 2016.
Reasons
1. Facts of recognition;
A. On February 27, 2001, the Plaintiff entered into a credit guarantee agreement with the deceased on a set of KRW 41,300,000 as the guaranteed amount with respect to the money to be loaned by the deceased from Taesan Agricultural Cooperatives (hereinafter “the deceased”).
(hereinafter “instant credit guarantee agreement”). (b)
On May 30, 2006, the deceased delayed the repayment of loans to Taesan Agricultural Cooperatives, and the plaintiff subrogated the principal amount of KRW 35,055,296 and interest of KRW 3,710,578 and the total amount of KRW 38,765,874 to Taesan Agricultural Cooperatives.
C. As of May 16, 2016, the deceased’s indemnity liability against the Plaintiff is the principal amounting to KRW 38,765,874, interest in arrears, KRW 54,003,517, and KRW 51,934, and KRW 92,821,325.
According to Article 11 of the Credit Guarantee Agreement, when the Plaintiff performed the guaranteed obligation, the amount of damages for the amount of performance should be subject to the rate determined by the Plaintiff.
E. The Deceased died on May 21, 2013, and the Defendants, the inheritor, are the Defendants’ children.
Defendant A was adjudicated on September 1, 2016 on the acceptance of an inheritance-limited approval report.
(Ground for recognition) The entry of Gap 1 through 6, 12, Eul 1 and 2, the purport of the whole pleadings (Provided, That this provision shall not apply to the case of confessions, defendant B, and C)
2. According to the above facts of determination, the deceased is obligated to pay to the plaintiff interest or delay damages for KRW 92,821,325 (=38,765,874, interest on delay in arrears of KRW 54,003,517) and for KRW 38,765,874 from the date of subrogation to the date of full payment. The Defendants, as co-inheritors of the deceased, succeed to the Plaintiff’s obligation to the Plaintiff by 1/3 shares.
Therefore, the Defendants, within the scope of property inherited from the network D, provided that Defendant A, each of which was KRW 30,940,441 (i.e., KRW 92,821,325 x inheritance shares 1/3 x less than KRW 1/3) and KRW 12,921,958 (i.e., KRW 38,765,874 x 1/3) from May 16, 2016 to the Defendants.