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(영문) 대전지방법원천안지원 2019.11.27 2018가단6477
구상금
Text

1. The Defendants: 14,323,869 won and 4,298, respectively, to the Plaintiff within the scope of the property inherited from the deceased L.

Reasons

1. Facts of recognition;

A. On September 1, 200, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) that provides a credit guarantee for KRW 35,100,000 out of the above money when obtaining a loan of KRW 39 million from LM (hereinafter “MM association”).

In the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff decided to reimburse the amount of damages according to the interest rate set by the Plaintiff for the amount of the guaranteed obligation, and the rate of damages currently being applied is 12% per annum.

B. On September 5, 200, L lost the benefit of time when L obtained a credit guarantee statement issued by the Plaintiff under the instant credit guarantee agreement from MM association as collateral, and the Plaintiff subrogated to MM association on May 3, 2002 totaling KRW 27,526,483 and interest KRW 2,970,597,080.

C. As of July 6, 2018, the amount of the Plaintiff’s claim for indemnity against L is KRW 100,267,088 (i.e., the remainder of the subrogated amount of KRW 30,092,691 for delay damages of KRW 70,174,397) and the amount of the subrogated amount of KRW 30,092,691 for delay calculated at the rate of 12% per annum from July 7, 2018 to the date of full payment.

L died on August 3, 2017

(hereinafter referred to as “the deceased”). Both N,O, J, and P, who are the deceased’s children, renounced inheritance, Defendant B, C (N’s children), Defendant E (O), Defendant F, G, H (H’s children), and Defendant K (P’s children) jointly inherited the deceased’s property at one-seven percent of each.

E. On December 14, 2018, the Defendants filed a qualified acceptance report under the Daejeon Family Court’s Support 2018 Dcheon-Ma933, and accepted the said report on August 12, 2019.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. According to the above facts, the Defendants, as the inheritor of the deceased, are 14,323,869 won each within the scope of the property inherited from the deceased (=100,267,088 won x 1/7, and less than won) and 4,298,955 won (=30,092,691 won x 1/7, and less than won).

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