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(영문) 청주지방법원 2015.04.08 2014가단20141
구상금
Text

1. The Plaintiff:

A. As to Defendant F’s KRW 85,506,125 and KRW 31,889,651 among them, Defendant F shall be from September 12, 2014 to November 13, 2014.

Reasons

1. The Plaintiff is an institution that guarantees the credit of farmers and fishermen, etc. as the management institution of the Agricultural and Fishery Credit Guarantee Fund.

The Plaintiff entered into a credit guarantee contract with the deceased K and Defendant F, and if the Plaintiff subrogated to the lending institution by failing to perform his/her obligation to repay the loan to the lending institution at the time of the credit guarantee contract, the deceased K agreed to pay the Plaintiff the amount of subrogation and the amount of damages, the preservation and exercise of the claim, the expenses required for the legal procedure therefor, the guarantee fee, the administrative fine, the penalty, etc. from the date of the payment to the date of full payment. Defendant F guaranteed the net K’s obligation to the Plaintiff.

The plaintiff provided a credit guarantee under the above credit guarantee contract, and the guarantee accident occurred and subrogated as shown in the attached Form.

The deceased on Nov. 1, 199, and the deceased on Nov. 1, 199, Defendant G, H, and I, the heir of the deceased on Dec. 1, 199, succeeded to the obligations of the deceased J, the heir of the second-class heir. The plaintiff was against the deceased J, the plaintiff of the Cheongju District Court Decision 2003Da1465 decided Apr. 23, 2003 [the defendant (the deceasedJ)] 18% per annum from Apr. 30, 2002 to Feb. 28, 2003; and 25% per annum from the next day to the date of full payment];

After that, the deceased J died on December 27, 2007, and the Defendants, the successors, succeeded to the obligations as shown in the attached Form.

The Defendants, on October 8, 2010, approved the inheritance of the deceased J’s property as the Cheongju District Court Decision 2010Mo484 dated October 8, 2010.

The final damages until September 11, 2014 are as shown in the attached Form. The rate of damages determined by the Plaintiff is 12% per annum from December 17, 2012 to December.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 9

2. If so, the defendants are obligated to pay the money to the plaintiff as stated in the order, so the plaintiff's claim is justified.

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