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(영문) 인천지방법원 2016.08.31 2016가단209657
구상금
Text

1. The extent of the property inherited from the deceased A, to the Plaintiff:

A. Defendant B is 75,069,599 won and 74.7

Reasons

1. The judgment on the cause of the claim is based on the fact that the Plaintiff performed the guaranteed obligation by paying the amount of KRW 173,037,898 on January 28, 2014 by subrogation to the lending bank on January 28, 2014 (in addition, KRW 1,362,840 with additional incidental bonds and KRW 761,61,61 with claims preservation expenses) by the Deceased on March 13, 201, and the Defendants died on August 16, 201 and were re-heirs. The Defendants completed repair with the deceased on August 16, 2016, including the Suwon District Court Decision 2010Mo50231, May 16, 2016, including the claims for reimbursement against the Plaintiff, the previous rate applicable to the above indemnity obligation is either 12% from the previous annual increase in the number of 12 to 215 per annum, or 2000 per annum 17 through 185 per annum.

According to the above facts, the Defendants are within the scope of the deceased’s property inherited from the deceased. Defendant B, as the deceased’s spouse, is obligated to pay 75,069,59 won [17,037,898 won (1,362,840 won) x 3/7 of the inherited portion; hereinafter the same shall apply] 50,046,399 won (17,037,898 won 1,362,840 won x 761,61 won) x 2/7 of the inheritance, and as to the principal of the subrogated payment based on each share of inheritance from January 29, 2014 to August 31, 2015, 12% of the annual delay damages per annum from the day following the date of payment to the date of full payment, to the date of 15% of the complaint per annum per annum per annum per annum per 10,000 to 2015.

2. If so, the plaintiff's claim is reasonable, but it is so decided as per Disposition with the application of Article 99 of the Civil Procedure Act to the burden of litigation costs.

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