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(영문) 광주지방법원해남지원 2020.04.28 2019가단202853
구상금
Text

1. The Plaintiff:

A. Defendant B, C, D, F, and G are within the scope of the property inherited from the deceased H, each of which is KRW 19,505,165.

Reasons

1. Basic facts

A. The network H (hereinafter “the network”) entered into a credit guarantee agreement between the Plaintiff and the Plaintiff on June 3, 200, and (1) obtained a loan of KRW 20 million from a financial institution on the same day, and (2) entered into a credit guarantee agreement of KRW 10 million on June 3, 200, and received a loan from a financial institution.

B. The plaintiff is the deceased.

On December 11, 2003, as each of the loans described in paragraph (1) was not repaid, the sum of 36,662,276 won in financial institutions (=25,194,879 Won 11,467,397) was subrogated.

C. The plaintiff on May 26, 2009 against the deceased at this court.

The court filed an application for a payment order with respect to the payment of indemnity amount according to the subrogation stated in the subsection, and the court accepted this order on May 27, 2009 and issued an order to pay the Plaintiff the amount calculated at the rate of 20% per annum from May 19, 2009 to the service date of the instant payment order ( June 23, 2009) (No. 2009 tea776), and the above payment order was finalized on July 8, 2009.

On February 24, 2011, the deceased died, and the deceased’s inheritor was the Defendants, who were their children, and among them, Defendant B, C, D, F, and G’s inheritance limited approval on March 5, 2020.

(No. 2020 Madan36). e., Gwangjin-gu Family Court of the Republic of Korea.

The principal and interest of the Plaintiff’s indemnity based on a credit guarantee agreement with the Deceased is KRW 117,030,91 (=total of KRW 36,662,276 (=total of KRW 25,194,879 KRW 11,467,397) plus delay damages, etc. total of KRW 80,368,715 (==5,245,189 KRW 25,123,526) as of September 18, 2019). The interest rate for delay determined by the Plaintiff is 12% per annum.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 (including each number), the purport of the whole pleadings

2. According to the above findings of the determination, KRW 19,505,165, respectively, within the scope of the property inherited from the deceased as the heir of the deceased, Defendant B, C, D, F, and G = 117,030,91, total amount of principal and interest of indemnity x 117,030,91.

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