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(영문) 부산지방법원 2020.11.25 2019가단341962
구상금
Text

1. The extent of the property inherited from the net G to the Plaintiff:

A. Defendant A: 7,755,481 won and its 6,288.

Reasons

1. Basic facts

A. On April 16, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the deceased on April 15, 2015, between the deceased and Hbank G (hereinafter “the deceased”), whereby the deceased obtained a loan from the H bank hot spring dong branch, the guaranteed amount shall be KRW 37,500,000, and the term of guarantee shall be April 15, 2015.

B. The Deceased submitted a credit guarantee certificate issued by the Plaintiff pursuant to the instant credit guarantee agreement and received a loan of KRW 37,500,000 from the H bank hot spring dong point.

C. On July 16, 2019, the Deceased caused a credit guarantee accident as a natural body with respect to the above loan. On October 29, 2019, the Plaintiff subrogated for the principal and interest of the loan amounting to KRW 27,251,356 up to the time at the H bank hot spring Dong branch (=the principal principal of the loan amounting to KRW 26,80,000).

The Plaintiff spent KRW 6,355,732 as legal procedure expenses to preserve the deceased’s claim for reimbursement. The instant credit guarantee agreement provides that the rate of delay damages for the claim for reimbursement shall be 12% per annum from the date of subrogation until September 30, 2018, and 10% per annum from the following day until the date of full payment.

E. The deceased died on June 26, 2019, and the family’s degree of family members who could be inherited by the deceased is as shown in the attached Form.

F. Defendant A filed an application for qualified acceptance of inheritance with the Busan Family Court No. 2020-Ma1110, Defendant B, C, D, E, and F filed an application for qualified acceptance of inheritance with the Busan Family Court 2020-Ma1278, which received a declaration of qualified acceptance from each of the above courts.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 to 7, the purport of the whole pleadings

2. According to the above facts of determination, the plaintiff is about KRW 27,251,356 due to subrogation for the deceased, and KRW 33,607,08,08 and the amount of subrogation for the deceased KRW 27,251,356.

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