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(영문) 제주지방법원 2016.05.03 2015가단55167
구상금
Text

1. The Defendants: 19,558,786 won each within the scope of property inherited from the network D and 8,417.

Reasons

1. Basic facts

A. On November 13, 1998, the Plaintiff, a management institution of the Agricultural and Fishery Credit Guarantee Fund, concluded each credit guarantee agreement with D and ① 30,000,000 won of the guaranteed amount, guarantee period from November 19, 1998 to November 19, 203, ② 30,000,000 won of the guaranteed amount on October 6, 200, guarantee period from October 6, 200 to October 6, 2005, ③ the guaranteed amount from June 29, 200 to June 29, 2001, and ③ the guarantee period from June 29, 2001 to June 29, 2008.

B. After that, under the guarantee of the plaintiff under each of the above agreements, the plaintiff paid 30,00,000 won on November 19, 1998 from the Aves monthly agricultural cooperative; 30,000,000 on October 6, 200; and 30,000,000 won on June 29, 200; and 3,960,000 won on June 29, 2001, each of the principal and interest were not repaid; and on July 20, 206, the plaintiff paid 3,792,941 won, 20,000,000 won, and 4,28,624 won, respectively, to the Aves agricultural cooperative on July 20, 2006.

C. The Plaintiff’s claim for indemnity due to each subrogation as above is KRW 58,676,359 in total as at August 30, 2015 (33,423,602, including damages for delay of KRW 25,252,757 in subrogation). The rate of damages for delay applicable from August 31, 2015 in subrogation claim is 12% per annum.

On the other hand, D died on December 31, 2014, and the Defendants, as their co-inheritors, succeeded to D’s liability for reimbursement against D’s Plaintiff by their respective shares. On January 7, 2016, Jeju District Court rendered a judgment of acceptance of the report of qualified acceptance by the aforementioned co-inheritors as the case of Jeju District Court’s acceptance of the said report of qualified acceptance by the said co-inheritors.

【Fact-finding without a dispute over the ground for recognition, Gap evidence 1 through 3, Eul evidence 1 (each number omitted), and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants are obligated to pay to the Plaintiff delay damages calculated at the rate of 12% per annum from August 31, 2015 to the date of full payment with respect to KRW 19,558,786 (won 58,676,359 to KRW 1/3) and KRW 8,417,585 ( KRW 25,252,757 to KRW 1/3) equivalent to their respective shares in inheritance from the above indemnity amount, within the scope of property inherited from the network D.

3. Conclusion.

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