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1. The Defendant’s KRW 285,395,124 and KRW 285,394,081 among them shall be the Plaintiff from October 21, 2013 to April 27, 2015.
Reasons
1. On July 18, 201, the Plaintiff entered into a credit guarantee agreement with respect to the payment of loans to Han Bank Co., Ltd. (hereinafter “ Han Bank”) on a credit guarantee agreement with the Plaintiff as of July 17, 201 (i.e., the payment of loans to Han Bank, Inc. (hereinafter “I Bank”) and the guaranteed principal amount of KRW 297,50,000,000, and July 17, 2012 (the subsequent change to July 11, 2014).
A In the event that the above loans were not repaid at the time, the Plaintiff paid 288,567,951 won ( principal 288,567,951 won, interest 2,228,117 won) to the Han Bank on October 21, 2013 in accordance with the credit guarantee agreement above, and collected 3,173,870 won on the same day and collected 3,173,870 won on the same day and collected 285,394,081 won.
In the above credit guarantee agreement, when the Plaintiff performed a guaranteed obligation, the Plaintiff shall pay damages for the amount of the obligation after the date of the performance at an interest rate set by the Plaintiff within the limit of 25% per annum under Article 35 of the Credit Guarantee Fund Act. The interest rate set by the Plaintiff is 12% per annum.
From October 21, 2013, which was the date of subrogation for KRW 3,173,870, to October 21, 2013, the date of recovery, is KRW 1,043 (i.e., KRW 3,173,870 x 12/100 x 12/365 x 1/365).
After the death of A, the Suwon District Court (2014 Modan525) appointed a lawyer B as an administrator of inherited property of A on March 27, 2015, when his/her heir renounces the inheritance of property.
【Ground of recognition】 The fact that there is no dispute, A1, 2, 3-1, 3-2, 4, 5, 6, 7, 1, 2, 3, and the purport of the entire pleadings
2. According to the above facts of determination, the Defendant, who is the deceased A’s inherited property, has paid to the Plaintiff the amount of KRW 285,394,081 plus KRW 285,395,124, and the amount of KRW 285,394,081, which is the remainder of the amount of subrogated payment, to the Defendant from October 21, 2013, which is the date of subrogation, until April 27, 2015, the agreed interest rate of KRW 12% per annum and annual amount of KRW 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., until September 30, 2015, and the following day shall be paid in full.