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1. To the extent of the property inherited from the net F, the Plaintiff:
A. Defendant A: 11,171,653 won and 11,142.
Reasons
1. Determination as to the cause of claim
(a)The following facts are not in dispute between the Parties:
1) The Plaintiff is the deceased F (hereinafter “the deceased”).
In addition, I concluded a credit guarantee agreement with the following contents. On August 17, 2014, 2016, the date of concluding the guarantee agreement and the date of issuing the letter of guarantee, G. 42,500,000 Korean Standards Bank (Account branch) No. 42,500,000 of the loan principal of the lending bank (amended to July 17, 2016), the Deceased agreed to reimburse the amount of the guaranteed obligation borne by the Plaintiff when the Plaintiff performed the guaranteed obligation pursuant to the above guarantee agreement, and the amount of damages, expenses, etc. at the rate determined by the Plaintiff.
3) The Deceased submitted the said credit guarantee statement, but did not repay it. The foregoing bank claimed against the Plaintiff for notification of a guarantee accident and performance of the guaranteed obligation. Accordingly, the Plaintiff performed the guaranteed obligation by subrogation of the principal amounting to KRW 41,079,072 on December 15, 2015 (i.e., principal amounting to KRW 40,80,000,000) on behalf of the Plaintiff (i.e., principal amounting to KRW 223,870 on the same day), and then the amount of subrogation by offsetting the unpaid guarantee fee amount to KRW 223,870 on the same day was KRW 40,85,202. 4) The Deceased’s obligation to pay as of December 22, 2015 is as listed below.
On December 15, 2015, 12% of the total interest rate (%) for the period at which the amount of subrogated payment is to be paid by subrogation as of the date of subrogated performance, 13,575,202 41,079,072,075,072 from December 15, 2015 to December 15, 2015, 12% of the deceased’s share in arrears at the rate of 12% from December 15, 2015, 12% of the total interest rate (%) for the period at which the amount of subrogated payment is to be paid by subrogation as of the date of subrogated repayment, but at the rate of 107,527,527,405,000 to the Incheon Family Court, 12% of the total interest rate for late payment by subrogation and at the rate of 12% from December 16, 2015 to December 22, 2015 (3) of the deceased’s share in arrears by subrogation.