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(영문) 서울중앙지방법원 2015.05.22 2014가단5356119
구상금
Text

1. The Defendants: (a) each of the KRW 10,042,598, within the scope of property inherited from each net C, and 10.0 of them.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap 1 through 9 (including household numbers) and Eul 1 evidence, the plaintiff entered into a credit guarantee agreement with the deceased C on April 10, 2013 to guarantee the above loan obligation, with the amount of KRW 20,00,000 of the credit guarantee principal and the amount of KRW 20,000,000 with the new bank on April 10, 2018 in order to guarantee the above loan obligation, ② the deceased C died on February 19, 2014 and lost the benefit of the above loan and interest period, the plaintiff would be 20,271,141 as the repayment of the guaranteed obligation under the credit guarantee agreement, and the amount of delay damages collected by the plaintiff on April 18, 201, within the scope of KRW 20,000 on the date of subrogation by the deceased C on April 10, 2014, the amount of delay damages collected by the plaintiff under the credit guarantee agreement.

Therefore, within the scope of the property inherited from each net C to the Plaintiff, the Defendants: 10,042,598 won [15% per annum for one day (76 won per annum on the balance of subrogated payment 20,085,121 won collected at 186,020 won) ¡¿ 1/2 inheritance shares, and 10,042,560 won (20,085,121 won x 1/2 inheritance shares per annum; hereinafter the same shall apply) from August 18, 2014 to March 10, 2015, which is the date of vicarious delivery of a copy of the complaint of this case; and 15% per annum from the next day to the date of full payment as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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