logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원해남지원 2020.04.14 2019가단202969
구상금
Text

1. The defendant shall not exceed 62,519,168 won and 33,544,329 won among them within the scope of the property inherited from the deceased C.

Reasons

1. Basic facts

A. The network C (hereinafter “the network”) entered into a credit guarantee agreement with the Plaintiff on May 17, 2006, and received 4.130,000 won from the D Association (hereinafter “D”). ② On September 3, 2008, the network C (hereinafter “E”) entered into a credit guarantee agreement with the E Association (hereinafter “E”) to obtain a loan of KRW 25,000,000 from the E Association (hereinafter “E”), and ③ on October 13, 2008, entered into a credit guarantee agreement with the amount of security deposit of KRW 8.5 million and received a loan of KRW 10,000,000 from E.

B. The plaintiff is the deceased.

As a result of failure to repay the loans specified in paragraph (a), 868,390 won on May 3, 2012 and 32,675,939 won on May 21, 2013 (i.e., the principal and interest of loans amounting to KRW 23,856,66 won (i.e., the principal and interest of loans amounting to KRW 23,856,66) paid by subrogation to D on May 21, 2013.

C. On December 29, 2016, the Deceased died. The Gwangju Family Court rendered an adjudication on March 14, 2017 to accept a report to waive the deceased’s inheritance among F and his/her spouse, G, H’s return to renounce the deceased’s property inheritance (No. 2017-Ma39), and the Defendant among his/her children, rendered an adjudication to accept a report on the qualified acceptance of the deceased’s inheritance.

(2017 Maz. 40)

The principal and interest on a claim based on the Plaintiff’s credit guarantee agreement is KRW 62,519,168 (=total of KRW 33,544,329, including principal and interest, KRW 28,974,839) as of November 18, 2019; and the rate of delay damages determined by the Plaintiff is 12% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant, as the inheritor of the deceased, is obligated to pay as the heir 62,519,168 won in total, the principal and interest of the indemnity within the scope of the property inherited from the deceased, and as to KRW 33,54,329 in total, the principal and interest of the indemnity shall be paid at the rate of 12% per annum from November 19, 2019 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable and acceptable.

arrow