logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
대전지방법원천안지원 2017.12.21 2017가단110935
구상금
Text

1. The Defendants jointly and severally with Nonparty D within the scope of the property inherited from the network C, respectively, on 15,113.

Reasons

1. Basic facts

A. On August 21, 2014, the Plaintiff entered into a credit guarantee agreement with Nonparty D’s loans of KRW 30,000,000 from the Industrial Bank of Korea (hereinafter “instant credit guarantee agreement”). In this case, the Plaintiff jointly and severally guaranteed the indemnity obligation that D will bear pursuant to the instant credit guarantee agreement.

B. D failed to pay the above principal and interest of loan. Accordingly, the Plaintiff received a claim from the Industrial Bank of Korea for the performance of guaranteed obligation under the instant credit guarantee contract, and on November 3, 2016, subrogated for KRW 30,134,262 to the said bank.

C. The deceased died on June 25, 2017, and the Defendants are the inheritors of the deceased.

As of November 3, 2016, the sum of the amount of subrogation and additional guarantee fees under the credit guarantee contract of this case is KRW 30,227,952, and the agreed delay interest rate under the credit guarantee contract of this case is 12% per annum from the date of subrogation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. In full view of the purport of the evidence No. 5, the Defendants filed a petition for a judgment on the limited acceptance of qualified acceptance on August 10, 2017 with the Daejeon Family Court’s official residence branch court 2017-Madan1111, and received the judgment on acceptance of qualified acceptance on August 10, 2017.

According to the above facts and the above facts, the defendants jointly and severally with D within the scope of property inherited from the deceased C, a joint and several surety under the credit guarantee contract of this case, within the scope of property inherited from D, and as of November 3, 2016, the amount calculated by dividing the total amount of subrogated and additional guarantee fees as of November 3, 2016 by 1/2 each, 15,067,131 won, which is the amount calculated by dividing the amount of subrogated and additional guarantee fees by 1/2 each, and 15,067,131 won, which is the amount of subrogated payment, from November 3, 2016, the date of subrogation, to December 21, 2017, which is deemed reasonable for the defendants to dispute the scope of the obligation to perform.