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(영문) 광주지방법원해남지원 2020.04.14 2019가단202679
구상금
Text

1. The Plaintiff:

A. Defendant B, within the scope of the property inherited from the network D, 90,854,002 Won and its 41,570.

Reasons

1. Basic facts

A. The network D (hereinafter “the network”) concluded a credit guarantee agreement between the Plaintiff and the Plaintiff on March 8, 1994, with the guarantee amount of KRW 35 million from March 8, 1994, and the guarantee period of KRW 35 million from March 8, 1994 to March 8, 2004 (hereinafter “the credit guarantee agreement of this case”) and the E Association (hereinafter “E Association”); and ② from December 20, 2001, the credit guarantee agreement was concluded between the Plaintiff and the guarantee period of KRW 307 million from December 20, 201 to December 20, 2006 (hereinafter “credit guarantee agreement of this case”); and from the F Association (hereinafter “F Association”) the guarantee period of KRW 30 million from March 1, 207 to December 204 to the guarantee period of KRW 308,200 (hereinafter “the guarantee period of KRW 307,200,294”).

B. Meanwhile, at the time when the Plaintiff and the Deceased concluded the first credit guarantee agreement of this case, Defendant C jointly and severally guaranteed all the obligations to be borne by the Deceased under the first credit guarantee agreement of this case.

C. The plaintiff is the deceased.

On September 25, 2009, as a result of failure to repay the loans specified in paragraph (a), the Financial Cooperative subrogated to KRW 32,756,087, and KRW 8,814,303 in total to E Union on June 20, 2014 (i) the principal and interest of loan of KRW 5,242,694 (3) the principal and interest of loan of KRW 3,571,609).

On May 20, 2010, the deceased died on May 20, 201. The Gwangju Family Court rendered a judgment on July 29, 2010 on acceptance of the report on the renunciation of inheritance of the deceased’s property (No. 2010-Ma208), and on August 24, 2010, the Defendant B’s child of the deceased accepted the report on the qualified acceptance of inheritance of the deceased’s property (No. 2010-Ma208).

(2010 Maz. 238)

The principal and interest of the Plaintiff’s indemnity based on each credit guarantee agreement of this case shall be KRW 90,854,002 in total as of October 21, 2019 (=total amount of KRW 41,570,390 (=) based on the credit guarantee agreement of this case.

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