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(영문) 광주지방법원 2015.09.15 2014가단31108
손해배상금 및 구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 5,117,632 as well as to the Plaintiff from May 20, 2013 to July 1, 2014.

Reasons

1. Basic facts

A. On April 18, 2002, the Plaintiff entered into a credit card use contract with D, and thereafter D has used the Plaintiff’s credit card.

B. D borrowed 15 million won from E on October 27, 2010 as interest rate per 1% and as of October 27, 2013.

C. D Around November 12, 2010, the interest rate of KRW 3% per month and November 12, 2011 was determined as the due date for repayment, and KRW 10 million on March 28, 201 as the interest rate of KRW 3% per month and March 28, 2012. As of March 28, 201, the due date for repayment was determined as KRW 13% per month and February 13, 2012 as the interest rate of KRW 3% per month and June 13, 2012, respectively.

D On May 29, 2008, between the Credit Guarantee Fund and the Korea Credit Guarantee Fund, entered into a credit guarantee agreement with D on the credit guarantee principal amount of KRW 79.2 million and the credit guarantee period from May 29, 2008 to May 28, 2013. Defendant C, the spouse of D, guaranteed the principal obligation of D with the Korea Credit Guarantee Fund.

E. On December 31, 2012, Defendant C subrogated to the Credit Guarantee Fund for KRW 80,037,39,000 for indemnity that D had been borne pursuant to the aforementioned credit guarantee agreement.

F. D died due to a traffic accident on May 10, 2013, and Defendant A and B, their children, inherited D in their respective shares of 1/2.

G. On May 20, 2013, Defendant C received KRW 138,60,00 in total from Hyundai Marine Fire Insurance (= KRW 2,6650,00 in total) [The amount indicated in the resolution on the payment of insurance proceeds, etc. shall be KRW 163,195 in total as lost income of KRW 107,264,136 in the case of Defendant A and B, who is a child of KRW 2.65,00,00 in the case of KRW 163,00 in the case of direct non-payment of KRW 163,195 in the case of funeral expenses - KRW 27,330 in the case of KRW 138,60,00 in the case of calculation of KRW 27,31 in the case of adjustment, but the amount indicated in the written resolution, etc.).].

H. On May 20, 2013, Defendant A and B’s father and the legal representative of Defendant B appropriated KRW 86,221,110 out of the above insurance proceeds as the principal’s principal’s indemnity against D, and on May 22, 2013, the above borrowed amounting to KRW 15 million for E, and KRW 35 million for F.

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