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(영문) 울산지방법원 2016.06.14 2016가단50077
구상금
Text

1. Within the limit of the property inherited from the network D, the Defendants each of the costs of KRW 9,191,59 and 3.0 of them to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with D, thereby obtaining a loan from D from a financial institution, and the Plaintiff subrogated for it due to the occurrence of a credit guarantee accident, and the specific details are as follows.

[j] Insurance number: Amount guaranteed: The amount guaranteed: the date of concluding a guarantee contract of KRW 9,00,000: the amount loaned on November 2002: 10,000,000: the date of vicarious payment by Busan City Fisheries Cooperatives: December 23, 2000: 10,233,438 won subrogated: 10,202,370 won subrogated: 16,985,687 won: 386,740 won;

B. At the time of a credit guarantee agreement, D agreed to pay the deposit, delay damages from the date of payment to the date of full payment, claim preservation expenses, etc.

C. D: (a) died on October 13, 2014; (b) the Defendants were the inheritors.

Defendant C filed a petition for a trial on qualified acceptance of inheritance with the Busan Family Court 2015-Ma291, and became final and conclusive on April 20, 2015, and Defendant B filed a petition for a trial on qualified acceptance of inheritance with the Busan Family Court 2016-Ma554, and became final and conclusive on May 26, 2016.

[Reasons for Recognition] The remarkable facts in this Court, Gap evidence Nos. 1, 2, 3 and 4, and the purport of the whole pleadings

2. Within the scope of property inherited from the network D, as the Plaintiff seeks, within the scope of property to be determined as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff 9,191,59 won [16,985,687 won [16,687 won of the amount of subrogated reimbursement 10,202,370 won x 1/300] x 3,400,790 won of the intermediate reimbursement x 1/3,400 [10,202,370 won x 1/3 of the total amount of interest calculation x 1/3 of the day following the date following the date of final calculation of interest, from December 2, 2015 to January 25, 2016, the agreed rate of delay damages 12% per annum from the date of final delivery of the claim and the date of the application for change of the cause of the claim to April 15, 2016.

3. The plaintiff's claim against the defendants is justified.

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