beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On December 1, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant Co-Defendant B of the first instance trial (hereinafter “B”) with a view to guaranteeing a loan obligation to be borne by the Deceased with a loan of KRW 10 million from the National Bank of Korea Co., Ltd. (hereinafter “Nonindicted Bank”) within the limit of KRW 10 million (hereinafter “instant agreement”).
B. Under the instant contract, the Plaintiff issued a credit guarantee certificate to the non-party bank as above, and the deceased submitted it to the non-party bank and borrowed KRW 10 million from the non-party bank as a general corporate loan.
C. After that, on March 1, 2013, the Deceased failed to repay the principal and caused a credit guarantee accident, and the Plaintiff subrogated to Nonparty Bank, the guarantee creditor, on October 29, 2013 due to the performance of the guaranteed obligation under the instant contract, KRW 5,141,006.
In addition, according to the instant contract, where the Plaintiff performed the guaranteed obligation, the deceased and B, a joint guarantor, shall pay damages for delay at the interest rate determined by the Plaintiff within the limit of 25% per annum as stipulated in Article 28 of the Regional Credit Guarantee Foundation Act from the date of the performance of the obligation by the Plaintiff. The interest rate determined by the Plaintiff is 15% per annum from October 29, 2013, the date of subrogation by the Plaintiff.
On the other hand, the deceased died on December 16, 2012, and the defendant, the deceased's spouse B and his children, jointly inherited the deceased's property.
[Reasons for Recognition] Gap 1 to 4, Gap 6-2 and 3-2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant, as the heir of the deceased, who is the principal debtor of the contract of this case, has a statutory share in the amount of KRW 4,66,856, which remains after deducting KRW 474,150 of the plaintiff's subrogated to the plaintiff from the amount of KRW 5,141,006 (=5,141,06-4,150).