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(영문) 서울중앙지방법원 2015.03.06 2014가단5124626
구상금
Text

1. The Defendants, within the scope of the property inherited from the deceased C, shall not exceed KRW 6,171,845, respectively, and 5,462, among them.

Reasons

On August 2, 2002, according to the credit guarantee request of Nonparty D, the Plaintiff entered into a credit guarantee contract with D and guaranteed principal of KRW 21.3 million (the change to KRW 20.4 million thereafter), and entered into a credit guarantee contract with August 1, 2003 (the change to August 1, 2005), and D received a general loan from the Bank as collateral for the credit guarantee. According to the above credit guarantee agreement, D performed its guaranteed obligation, and D paid the amount subrogated by the Plaintiff and the amount of damages determined by the Plaintiff from the date of payment to the date of full payment thereof (17% per annum from December 1, 2010; 14% per annum from the following day); the Plaintiff concluded to pay all incidental obligations, such as delayed payment, and provisional payment, under the credit guarantee agreement with the Plaintiff’s spouse’s death on March 23, 2005; and C. 2936.25% of D and D’s death on the grounds of the death of the Plaintiff.

Therefore, the Defendants are obligated to pay 6,171,845 won [2,483,675 won (amounted to 19,117,784 won x 2/75 won)] and 5,462,224 won (amountd to 19,117,784 won x 2/7 of the subrogated repayment x 17% per annum from March 23, 2005 to December 1, 201, the date of subrogation, from December 2, 2010 to June 19, 2014, the date of delivery of a copy of the complaint of this case from March 23, 201 to June 19, 2014 as damages for delay at the annual rate of 20% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

The plaintiff's claim is accepted.

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