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1. The defendant shall not exceed KRW 49,595,157 and KRW 48,951,343 among the plaintiff within the scope of the property inherited from the deceased B.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff guaranteed a loan of KRW 20,000,000 from the Enterprise Bank on October 18, 2017, with a guarantee period of KRW 20,000,000 as of October 17, 2019, and thereafter extended the period of guarantee to October 15, 2021. ② The Plaintiff guaranteed a loan of KRW 10,000,000 from the Enterprise Bank on July 17, 2018, with a guarantee period of KRW 10,000,00, and the guarantee period of KRW 20,000 as of July 14, 2019; ③ the guarantee period of KRW 60,000,00 as to the loan of KRW 10,000 from the Enterprise Bank was extended to KRW 10,000,000; ③ the guarantee period of KRW 60,000,000 from the Enterprise Bank on May 20, 2005.
2) The deceased on August 13, 2020 and the deceased on August 13, 2020, and there was C, who was the inheritor, and C reported the renunciation of inheritance as Jeju District Court 2020 Madan605, and received a ruling accepting it from the above court on October 28, 2020.
3) On November 18, 2020, the Defendant reported the limited approval of inheritance as Jeju District Court 2020 shot 641, and was tried on November 18, 2020 by the said court.
4) Meanwhile, on October 8, 2020, the Plaintiff repaid 49,218,503 won in total as principal and interest to a corporate bank on behalf of the Plaintiff, and the amount of delayed damage up to November 24, 2020 is KRW 643,814, and the Plaintiff recovered 267,160 out of the subrogated amount, and the agreed delay compensation rate is 10% per annum.
[ 인정 근거] 다툼 없는 사실, 갑 1∽4 호 증, 을 1∽12 호 증( 가지 번호 있는 것은 가지 번호 포함) 의 각 기재, 변론 전체의 취지
B. According to the above facts, the defendant shall pay to the plaintiff 49,595,157 won (=the above 49,218,503 won - KRW 267,160 out of the subrogated repayment amount - KRW 643,814 out of the above subrogated repayment amount] within the scope of the property inherited by the deceased B, and to the amount of KRW 48,951,343 of the subrogated repayment amount as of November 25, 2020 from November 25, 2020 to December 11, 2020, the delivery date of the copy of the complaint of this case, 10% per annum of the agreed compensation rate, and the next day shall be fully paid from the next day.