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The Defendants shall pay to the Plaintiff KRW 5,594,433 as well as KRW 5,459,630, respectively, from July 16, 2018 to September 3, 2020.
Reasons
1. Facts of recognition;
A. 1) On September 25, 2015, the Plaintiff: (a) on September 25, 2015, the net C (name before the opening of name: D; hereinafter referred to as “the net”).
(2) In relation to a loan from E bank, the deceased and the deceased entered into a credit guarantee agreement with the term of September 25, 2020, setting the credit guarantee principal as KRW 20 million, and the term of credit guarantee as until September 25, 2020. The deceased agreed to pay the deceased’s liability on behalf of the deceased under the said credit guarantee agreement in addition to the damages for delay in accordance with the interest rate determined by the Plaintiff from the date of subrogation. (2) However, the deceased caused a guarantee accident, and the Plaintiff subrogated to E bank on July 16, 2018.
3) Since then, the Plaintiff recovered KRW 92,380 out of the subrogated amount. Accordingly, the Plaintiff’s claim against the Deceased remains at KRW 10,919,260, KRW 250, KRW 269,581, and KRW 11,188,866 in total (= KRW 10,919,260, KRW 269,581). (B) The Deceased died on September 16, 2018, and the Defendants, the parents of the Deceased, inherited the deceased’s property.
2) However, the Deceased owned 1/2 shares among the instant Claim No. 1 and the instant Claim No. 2, and owned 24/195 shares among the instant Claim No. 1 and the deceased’s death. As to the deceased’s shares on September 16, 2018 on the grounds of inheritance due to the consultation division, the ownership transfer registration under Defendant B was completed on May 31, 2019 with respect to the ownership of each of the instant Claim No. 1’s Claim No. 32866. [Grounds for recognition] The ownership transfer registration was completed in the name of the Defendant B (Article 150(3)1 of the Civil Procedure Act).
2. Determination
A. According to the above facts, the Defendants who inherited the deceased’s property (i.e., KRW 11,188,866 x 1/2) and the principal of KRW 5,459,630 (i.e., KRW 10,919,260 x 1/2), respectively, among the Defendants who inherited the deceased’s property (i.e., KRW 10,919,260 x 1/2), from July 16, 2018 to July 28, 2020, the delivery date of the application for amendment of the purport of the claim by the Plaintiff, from September 3, 2020 to September 3, 2020, KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.