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1. The Plaintiff within the extent of the net D’s inherited property:
A. Defendant A shall be KRW 16,209,373 out of the amount of KRW 48,359,738 and the above amount.
Reasons
1. Basic facts
A. On April 1, 2003, the Plaintiff entered into a credit guarantee agreement between Nonparty D (hereinafter “the deceased”) and Nonparty D (hereinafter “the Plaintiff”) with respect to the obligation to be borne by the deceased with a loan from a financial institution, with respect to ① the guaranteed amount of KRW 20,000,000,000, and the guarantee period of KRW 20,000,000, and the guarantee period of KRW 20,000,000 as of June 30, 2003 (hereinafter “instant credit guarantee agreement”).
According to the above credit guarantee agreement, when the plaintiff performs the above guaranteed obligation, the deceased agreed that the plaintiff shall pay to the plaintiff the amount paid by the plaintiff for the performance of the guaranteed obligation and damages for delay at the rate determined by the plaintiff. The rate of damages for delay from the date of subrogation to the date of payment is 1
B. In accordance with the above credit guarantee agreement, the Deceased received loans from the Jinju Livestock Industry Cooperatives in 20,000 won and 20,000,000 won from the National Agricultural Cooperative Federation. As the Deceased delayed payment of principal and interest, the Plaintiff paid each of the above financial institutions the total amount of KRW 2,94,208 on September 2, 2005, and the total amount of KRW 21,906,683 on October 26, 2005.
C. As of November 29, 2016, the deceased’s liability for indemnity against the Plaintiff is KRW 21,671,91, cost of KRW 775,080, and delayed damages of KRW 33,667,586 as of November 29, 2016, totaling KRW 56,114,657, and the balance of subrogation under the instant credit guarantee contract, KRW 7,504,882, and the cost of subrogation, KRW 205,00, totaling KRW 23,222,991, KRW 30,932,873, in total, KRW 87,00.
On May 30, 2005, the Deceased succeeded to the deceased’s obligation at the ratio of 5/9, 3/9, and 2/9 of each of the Defendant A’s liabilities. The Defendants obtained the inheritance limited approval by the Changwon District Court’s Jinju Branch on September 5, 2005 as the inheritance limited by 2005Mo321.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings.