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(영문) 서울중앙지방법원 2018.11.06 2018가단5152643
구상금
Text

1. The defendant shall within the scope of the property inherited from the deceased B to the plaintiff 31,559,224 won and 31,493 among them.

Reasons

1. Facts of recognition;

A. On October 31, 201, the Guarantee Number Guarantee Period Guarantee Date of Claim Guarantee : (a) On June 31, 201, the Plaintiff provided a housing finance credit guarantee to the Plaintiff on the following terms: (b) upon the Plaintiff’s application, the Plaintiff provided a housing finance credit guarantee for the repayment of the loan for lease use received from the Bank (the point of transport); and (c) B agreed to pay the amount of damages as determined by the Plaintiff when the Plaintiff performed the guaranteed obligation; (b) on October 31, 2011, B delayed the payment of the principal and interest of loan received from the Bank under the Plaintiff’s guarantee; and (d) on May 17, 2018, the Plaintiff subrogated for KRW 30,493,834 at the Plaintiff’s request.

3) The overdue charge charge, etc. incurred up to the date of the payment by subrogation is KRW 65,390, and the amount of damages determined by the Plaintiff is 8% per annum. B) on December 3, 2017, the Defendant, D, and E, who was an inheritor, died on December 3, 2017.

(2) On January 4, 2018, D and E reported the renunciation of inheritance to the High Government District Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the High Court for the Report of the Acceptance of the Report

2. According to the facts of the determination as above, the Defendant, the inheritor of the deceased, within the scope of the property inherited from the deceased, shall be 31,559,224 won in total, including the amount of subrogation and the fee for arrears in arrears, within the scope of property inherited from the deceased (=31,493,834 won in total) and 31,493,834 won in subrogation among them, from May 18, 2018 (the day following the date of repayment by subrogation) to August 23, 2018 (the date of delivery of an application for change of the claim and the date of delivery of an application for change of the cause of the claim as of August 20, 2018), and from the following day to the date of full payment.

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