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1. The Plaintiff:
A. As to Defendant B’s KRW 80,434,532 and KRW 34,271,538 among them:
(b) Defendant C, D, E, and F are net.
Reasons
1. Basic facts
A. Defendant B entered into a credit guarantee agreement on December 10, 200, and borrowed KRW 21,000,000 from HA to the Plaintiff. ② On December 22, 2004, Defendant B entered into a credit guarantee agreement and borrowed KRW 13,50,000 from HA and Defendant B’s spouse G (hereinafter “the deceased”) jointly and severally guaranteed the Defendant B’s indemnity liability based on the credit guarantee agreement.
B. On May 12, 2009, the Plaintiff subrogated for KRW 34,271,538 in total to the H Association as Defendant B was unable to repay its loans.
C. The Deceased died on October 8, 2014, and the Defendant C, D, E, and F, the spouse of the Deceased, was approved by inheritance limited time.
(Seoul Family Court Branch of 2019Jaly 1060) d.
The principal and interest of the Plaintiff’s indemnity based on the credit guarantee agreement is KRW 80,434,532 (i.e., total amount of KRW 34,271,538 on August 25, 2019) (i.e., total amount of KRW 46,162,994). The rate of delay damages determined by the Plaintiff is 12% per annum.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings
2. According to the above findings of determination, Defendant B, as the primary debtor, has the obligation to pay damages for delay at the rate of 12% per annum from August 26, 2019 to the extent of the property inherited from the deceased as the heir of Defendant C, D, E, and F, with Defendant B, within the scope of the property inherited from the deceased, as the principal debtor, as the principal debtor, to KRW 80,434,532 of the above amount (=the principal and interest on indemnity 80,434,532 x 2/11 of the inherited interest x x 6,231,188 won (the amount less than KRW 34,271,538 x 2/11 of the inherited interest x 34,271,538 x 2/11).
3. In conclusion, the plaintiff's respective claims against the defendants of this case are justified, and it is so decided as per Disposition with the assent of all participating Justices.