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(영문) 전주지방법원정읍지원 2016.05.11 2016가합61
구상금
Text

1. The parties to the defendant's lawsuit shall be limited to KRW 91,158,904, respectively, to the plaintiff within the scope of the property inherited from the deceased A.

Reasons

1. Facts of recognition;

A. On December 13, 2001, the Plaintiff entered into a credit guarantee agreement with the deceased on December 17, 2006, which guarantees the payment of principal and interest of loan (the rate of delay damages shall be based on the interest rate determined by the management agency) by setting the guarantee amount of KRW 90 million and the guarantee period as of December 17, 2006. The deceased submitted the said credit guarantee agreement on December 17, 2001, and borrowed KRW 125 million from the net livestock cooperative.

B. On October 13, 2001, the Plaintiff entered into a credit guarantee contract with the deceased on October 15, 2006, setting the guarantee amount of KRW 10 million as the guaranteed amount, and the guarantee period of October 15, 2006. The deceased submitted the credit guarantee contract on October 15, 2001 and received a loan of KRW 10 million from the Jung-Eup Agricultural Cooperative.

C. After that, the net A lost the benefit of time due to the overdue payment of each of the above principal and interest of loan, and the Plaintiff made a substitute payment of KRW 10,917,329 on December 20, 2006 to the Net Livestock Cooperative on May 10, 2006, including the principal and interest of the loan, and KRW 104,214,417, and KRW 10,917,329 on December 20, 2006.

As of January 6, 2016, the principal and interest of the indemnity obligation owed to the plaintiff by the deceased according to each credit guarantee contract as of January 6, 2016 is the total of KRW 273,476,712 [the principal of the subrogation payment (damage) 155,407,002 (damage for Delay) [the amount of KRW 1,461,040 (Damages for Delay) [the amount of KRW 1,461,04 (Damages for Delay)] [the amount of KRW 1,468,020 (Penalty)]].

E. On January 20, 2016, the deceased and succeeded to A by the litigants, who are children. On March 10, 2016, the litigants were subject to a qualified acceptance judgment by this Court No. 2016-Ma48.

F. Meanwhile, the rate of damages for delay determined by the management agency is 12% per annum since December 17, 2012.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination, the defendant litigants inherit from the deceased.

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