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(영문) 제주지방법원 2020.10.19 2020가단59958
구상금
Text

1. The defendant is about KRW 78,785,246 and KRW 11,264,904 among them to the plaintiff within the extent of inheritance from the deceased B.

Reasons

1. Facts of recognition;

A. On May 22, 2014, the net B entered into a credit guarantee agreement with the Plaintiff and the Guarantee Amount of KRW 12.75 million (the amount of the guarantee thereafter changed to KRW 11.2 million), and received a loan from C by obtaining a credit guarantee agreement from C. On March 13, 2017, the Plaintiff entered into a credit guarantee agreement with the Plaintiff and obtained a credit guarantee agreement with the Plaintiff, and received a loan from D.

B. The Plaintiff paid 11,264,904 won to C on June 11, 2020, and 63,294,344 won to D Co., Ltd on June 12, 2020, in accordance with each of the above guarantee agreements, as a credit accident for each of the above loans of the network B, respectively.

(8% per annum of delay damages agreement) In addition, 21,170 won of the agreed penalty was incurred, and 4,204,828 won was paid as legal expenses to preserve the claim for indemnity.

C. The deceased B died on March 23, 2020 (the date of the death report) and the Defendant, who is the inheritor, succeeded to the Defendant’s obligation.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, as the heir of the deceased B, is obligated to pay the Plaintiff the indemnity liability amounting to KRW 78,785,246 (i.e., KRW 11,264,904 KRW 63,294,344 KRW 21,170 KRW 4,204,828) and damages for delay.

B. As to this, the defendant asserted that he was subject to the inheritance limited approval judgment, the defendant can be found to have received the inheritance limited approval judgment from the Jeju District Court on July 2, 2000. Thus, the defendant is liable only within the extent of inheritance from the deceased B, and the above argument by the defendant is with merit.

C. Therefore, within the extent inherited from the deceased B, the defendant has the obligation to perform the above amount as to the plaintiff's indemnity amount of KRW 78,785,246 and KRW 11,264,904, which was the date of subrogation of the above amount, from June 11, 2020, and KRW 63,294,34, which was the date of subrogation of the above amount.

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