logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.04.24 2019가단263300
구상금
Text

1. The defendant is within the scope of the property inherited from the deceased B, and KRW 174,983,664 among them and KRW 63,51 among them.

Reasons

1. Facts of recognition;

A. On September 26, 2013, the Plaintiff: (a) determined the amount of KRW 100,000,000 as the guaranteed principal amount to KRW 85,00,000,000 from the deceased’s D Co., Ltd. (hereinafter “the deceased”); and (b) on the same day, the Plaintiff guaranteed each of the guaranteed principal to the deceased’s D Co., Ltd. as KRW 110,00,000.

B. The Deceased died on May 7, 2019.

The plaintiff above A.

In accordance with each guarantee agreement set forth in the paragraph, on September 25, 2019, KRW 63,551,796 to C Co., Ltd. and KRW 110,000,000 to D Co., Ltd. on October 11, 2019.

C. The above B.

As a result of the subrogation in the paragraph, 293,350 won ( principal of the debt x 61,965,000 x 18/1,000 x less than 96/365, and less than 10 won) was incurred from June 21, 2019 to September 24, 2019, which was the day following the expiration date of the payment deadline for the guarantee fee of the deceased for the performance of the obligation of the corporation C due to the subrogation in the section of the subrogation.

Of the expenses paid by the Plaintiff for the preservation of the claim for reimbursement against the Deceased, the remaining amount is KRW 1,138,518.

Meanwhile, the rate of damages for delay determined by the Plaintiff is 8% per annum.

As the inheritor of the deceased, there are spouses E, F as children and the defendant.

E On June 13, 2019, while F reported the renunciation of inheritance to each Incheon Family Court on July 19, 2019, and the Defendant reported the renunciation of inheritance to the Incheon Family Court on July 22, 2019 and was adjudicated on August 14, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings

2. According to the above facts, the defendant, the inheritor of the deceased, within the scope of the property inherited from the deceased to the plaintiff, shall be 173,551,796 won (63,51,796 won 110,000 won), penalty of 293,350 won, and the sum of 1,138,518 won for the preservation of claims, and 174,983,664 won (173,551,796 won 293,350 won, 1,138,518 won), and 63,551,796 won among them, for the plaintiff, from September 25, 2019, to October 1, 201, which is the date of subrogation, for the amount of 174,983,64 won for the preservation of claims.

arrow