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(영문) 광주지방법원 2016.05.03 2015가단45715
구상금
Text

1. The Defendants each of the KRW 38,334,929 and KRW 16,143,850 among the Defendants’ respective KRW 38,34,929 and each of the KRW 16,143,850 from October 16, 2015 to March 21, 2016.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in each entry in Gap evidence 1 to 9 (including paper numbers) by integrating the purpose of the entire pleadings.

In accordance with a credit guarantee agreement with the network D (hereinafter referred to as the "the network"), the Plaintiff: (a) on June 18, 2001, used the low interest rate substitute funds for loans; (b) on June 18, 2006; (c) on June 29, 2001, extended the guarantee period of KRW 20,000; and (d) on June 29, 2001, general subject of loans; (d) on June 29, 2005; (c) on April 29, 2004, the general subject of loans; (d) the guarantee period of KRW 2,250,000; and (d) on April 29, 2006; and (e) on June 15, 2004, the credit guarantee period of KRW 10,000; and (e) on June 16, 2005; and (e) on credit guarantee deposit of KRW 15,005.

B. Under the above credit guarantee agreement, the deceased agreed to pay to the Plaintiff damages for delay, penalty, guarantee fee, administrative fine, and legal procedure expenses incurred by the Plaintiff for the performance of the guaranteed obligation and the preservation of the relevant claim, based on the rate of damages for delay determined by the Plaintiff from the date of the subrogation to the date of full payment.

C. A credit guarantee accident occurred after the Deceased borrowed the above credit guarantee statement as collateral, and the Plaintiff subrogated to the Mine Agricultural Cooperative on February 27, 2006 (21,328,433 won, 7,427,897 won, 2,504,651 won, 8,140,068 won, 9,030,501 won.

On October 15, 2015, the sum of the principal, damages for delay, penalty, administrative fine, guarantee fee, and legal procedure cost of the above subrogation as of October 15, 2015 is 115,04,788 won, and the rate of damages for delay is 12% per annum.

E. The Deceased died on October 29, 2004, and E, his spouse, renounced inheritance as the Family Branch of the Gwangju District Court 2005Ra72.

The deceased’s first heir is F, G, H, and the second heir, who are the first heir.

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