(영문) 대구지방법원 2016.03.29 2016가단407

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(영문) 대구지방법원 2016.03.29 2016가단407

구상금

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1. Within the scope of the property inherited from the network D, to the Plaintiff:

A. Defendant A: 13,859,740 won and 13,079 among them.

Reasons

1. Facts of recognition;

A. While operating the personal business with the trade name of “E,” the network D (hereinafter “the network”) concluded a credit guarantee agreement with the Plaintiff as shown below, the Plaintiff agreed to pay the Plaintiff the amount of subrogation and the amount of damages for delay by 15% per annum from the date of payment on behalf of the Plaintiff to the date of payment on behalf of the Plaintiff when the Plaintiff performed the guaranteed obligation under the said credit guarantee agreement with the National Bank (hereinafter “National Bank”).

【Credit Guarantee Agreement” and the date of concluding a Guarantee Agreement: Amount of guarantee coverage on August 3, 2012: 30,000,000 won: National Bank and Guarantee Term: By August 2, 2013: Enterprise ordinary loan;

B. As the Deceased lost his/her benefit of time around March 4, 2015, the Plaintiff paid KRW 30,518,679 to the National Bank on June 29, 2015. Based on December 8, 2015, the Plaintiff’s claim for reimbursement amounting to KRW 32,339,395 (i.e., the amount of subrogated payment of KRW 30,518,679 (i.e., KRW 1,820,716).

C. Meanwhile, the Deceased died on February 8, 2015, and the Deceased’s inheritor is Defendant A and Defendant B and C, the spouse of which is the deceased.

The Defendants filed an application for adjudication on limited recognition of inheritance with the Daegu Family Court 2015Hun-Ma710, and was tried on May 19, 2015 to accept the said declaration.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1 through 7, Eul evidence 1, the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are obligated to pay the amount of money listed in Paragraph (1) of this Article and damages for delay within the scope of the property inherited from the deceased to the plaintiff. Thus, the plaintiff's claim against the defendants is accepted for all reasons, and it is so decided as per Disposition.

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