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(영문) 의정부지방법원 2016.12.16 2015가단28265
구상금
Text

1. Within the scope of property inherited from G to the Plaintiff, the Defendants: KRW 33,908,269, respectively, and KRW 14,013.

Reasons

1. Basic facts

A. On November 16, 200, the Plaintiff, a management institution of the Agricultural and Fishery Credit Guarantee Fund, concluded a credit guarantee agreement with G to the guarantee period of KRW 28,134,00, and from November 21, 200 to November 21, 2005; ② December 24, 2001, the guarantee period of KRW 3,00,000, and the guarantee period from December 24, 2001 to December 24, 2004; ③ the guarantee period of May 15, 2004 to December 24, 2004; and ③ the guarantee period of KRW 2,394,00,000, and the guarantee period of KRW 2,394,000 from May 15, 2004 to May 15, 204.

B. After that, the Plaintiff received each loan from the 31,260,000 won, 3,000,000, 2,660,000 won, and 2,660,000 won under the guarantee of the Plaintiff under each of the above agreements, and the Plaintiff was unable to repay the principal and interest thereof. On September 29, 2006, the Plaintiff subrogated 30,326,90 won to the 30,326,909 won, 3,067,767,767 won, 2,708,690 won, respectively.

C. The Plaintiff’s claim for indemnity due to the said subrogation is KRW 67,816,539, in total as at August 5, 2015 (39,790,027, including the balance of repayment by subrogation, KRW 28,026,512, etc.). The rate of delay damages applied from August 6, 2015 to the claim for indemnity is 12% per annum.

G was killed on August 19, 2013, and G’s family members died on August 19, 2013. G succeeded to the property of G in proportion to 1/2 shares of each of the Defendant A, D (Defendant D was born at the J, but at the time of the death of G, and thus was born under Article 100(3) of the Civil Act) as the report of renunciation of inheritance by B, F, and I was accepted on October 2, 2013 (the District Court Decision 2013Ra1518).

E. Around July 7, 2016, the Defendants’ report on the inheritance limited approval was accepted by the Defendants.

(Korean District Court 2015-Ma2154). 【Ground for Recognition】 The fact that there is no dispute, Gap 1 through 5, Eul 1 (including the number of pages), the purport of the whole pleadings, and the purport of the whole pleadings

2. According to the facts based on the judgment, the Defendants’ share in the above indemnity within the scope of property inherited from G to the Plaintiff.

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