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(영문) 서울서부지방법원 2015.02.12 2014나31657
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The scope of the property inherited from the deceased C shall be limited to the Plaintiff.

Reasons

1. Facts under recognition may be acknowledged either in dispute between the parties or in combination with the whole purport of the pleadings in the entries in Gap evidence 1 to 6, Eul evidence 1 and 2.

On December 28, 2009, the Plaintiff jointly and severally guaranteed a loan obligation (the principal of the loan is KRW 10,000,000,000) to the Seongbuk Saemaul Fund of the above C in accordance with the credit guarantee agreement concluded with the deceased C.

According to the above credit guarantee agreement, when the plaintiff subrogated for C's obligation, the interest rate of C's liability for indemnity against the plaintiff is 15% per annum from the date of subrogation.

B. After January 29, 201, C lost the benefit of the time limit for the above loan to the Seongbuk Saemaul Savings Depository. On May 31, 2011, the Plaintiff subrogated to the said community credit cooperative for the sum of KRW 10,308,000, including the principal and interest, etc. due to the performance of the guaranteed obligation.

(The remainder of the subrogated payment after deducting KRW 322,520 from C shall be KRW 9,985,480).

C. Meanwhile, C died on August 29, 2013, and C was the inheritor, Defendant A and A, the wife, and Defendant B.

On July 10, 2014, Defendant A received the Seoul Family Court Decision 2014Ra3717, and Defendant B received each inheritance approval ruling on the inheritance of the deceased C’s property as Seoul Family Court Decision 2014Ra9548, Nov. 26, 2014.

2. According to the determination and the conclusion, the Defendants, the deceased’s heir, are obligated to pay to the Plaintiff the amount of indemnity based on the shares in inheritance within the scope of the property inherited from the deceased, calculated by the ratio of 5,91,288 won (=9,985,480 won x 3/5), Defendant B, as to the 3,994,192 won (=9,985,480 won x 2/5), and each of the said money from May 31, 2011 to February 12, 2015, where it is reasonable for the Defendants to dispute over the existence or scope of the obligation to perform, the agreement is an annual rate of 15%, and damages for delay calculated by the ratio of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

The plaintiff's claim against the defendants is justified within the scope of the above recognition.

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