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(영문) 광주지방법원목포지원 2020.04.22 2019가단3484
구상금
Text

1. The Plaintiff:

A. Within the scope of property inherited from the network D, 1 Selection E shall be 30,572,308 won and 11.

Reasons

1. Basic facts

A. The deceased D (the deceased on April 15, 2015, hereinafter “the deceased”) entered into a credit guarantee agreement with the Plaintiff to guarantee the repayment of the deceased’s loans from financial institutions as follows, and received each credit guarantee agreement from the Plaintiff, and received the following loans from the K Union’s assistance branch and L Cooperatives assistance branch:

K L L L

B. The Deceased lost its interest pursuant to each loan transaction agreement due to delinquency in payment of the principal and interest of the above loan, and the Plaintiff paid the principal and interest of the Deceased in full at the request of the above financial institution as follows.

C. As of May 7, 2019, the amount of the Plaintiff’s claim for reimbursement against the Deceased as of the said subrogation is KRW 173,243,080 (hereinafter “instant claim for reimbursement”) as follows.

As the inheritor of the deceased, Defendant E and the deceased’s children, Defendant F, G, H, B, I, J, and the deceased’s children net M (Death on November 13, 199) who inherited by proxy the deceased’s wife E and the deceased’s children.

E. On the other hand, Defendant E, F, G, H, B, I, and J reported the qualified acceptance of the deceased’s property inheritance as Defendant E, G, H, I, and the Gwangju District Court Decision 2019Hun-Ma415, supra. On September 5, 2019, the said qualified acceptance report was accepted.

【Ground of Recognition】 Defendant E, F, G, H, B, I, and J: In the absence of dispute, each entry in Gap’s evidence Nos. 1 through 6, Eul’s evidence No. 1 (including the provisional number), the purport of the whole pleadings against Defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff the amount divided in proportion to their respective shares of inheritance, barring any special circumstance. However, Defendant E, F, G, H, B, I, and J are obligated to pay the said amount within the scope of the property inherited from each deceased.

Therefore, the Plaintiff, ① Defendant.

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