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(영문) 서울중앙지방법원 2020.10.26 2020가단5115678
구상금
Text

The Defendants, within the scope of the property inherited from the network D, KRW 13,323,29, respectively, to the Plaintiff and KRW 2,712.

Reasons

1. Facts of recognition;

A. (1) On August 5, 2015, the Plaintiff is a deceased D (hereinafter “the deceased”).

(2) On September 29, 2017, the Plaintiff and the Deceased entered into a credit guarantee agreement setting the principal of the credit guarantee as KRW 30 million with respect to the loans from E Bank. The Plaintiff entered into a credit guarantee agreement setting the principal of the credit guarantee as KRW 9.5 million with respect to the loans that the Deceased and the Deceased receive from F Bank.

3) In addition, on March 8, 2019, the Plaintiff entered into a credit guarantee agreement with the Deceased and the Deceased as a credit guarantee principal amounting to KRW 26.6 million. (B) According to each credit guarantee agreement as above, the Deceased shall pay the principal of subrogation by adding the damages for delay in accordance with the interest rate determined by the Plaintiff from the date of subrogation to the principal of subrogation, and the interest rate for delay shall be 7% per annum. (c) The Deceased lost its interest as of December 6, 2019. Accordingly, on March 18, 200, the Plaintiff lost its interest as of KRW 8,33189,206 to the F Bank, KRW 32,513,027 to the E Bank as of April 13, 2020, the Plaintiff paid the deceased’s total amount of KRW 32,513,027 to the E Bank as of KRW 20,000,0000,0000,000 for the deceased’s liability by subrogation, KRW 31381,5381,5.6.6.

2) On April 3, 2020, Defendant A received a decision of acceptance of the report of qualified acceptance from each Seoul Family Court on May 12, 2020, and the Defendants filed an application for bankruptcy of inherited property against the deceased’s property on June 30, 2020. [Grounds for recognition] The absence of dispute, A’s evidence Nos. 1 through 4, B’s evidence Nos. 1 and 2 (including each number), and the purport of the entire pleadings.

2. The assertion and judgment

A. According to the above facts of recognition, the Defendants inherited from the Deceased.

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