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(영문) 서울중앙지방법원 2018.09.17 2016가단5272130
구상금
Text

1. The Plaintiff:

A. Defendant A shall not exceed 12,400,296 won and 12,386 won, within the scope of property inherited from the deceased C.

Reasons

On July 6, 2012, the Plaintiff issued a housing finance credit guarantee certificate (22,50,000 won of the guaranteed principal, and July 7, 2016) to the deceased C (hereinafter “the deceased”) on July 6, 2012; the Deceased obtained a loan of KRW 25,00,000 from the Bank of Korea on July 6, 2012 as collateral; the Deceased failed to repay the above loan; the Plaintiff paid the above loan amount of KRW 20,644,150 on behalf of the deceased on October 20, 2016; the Plaintiff’s fee not paid by the deceased was 23,010 won; the deceased’s wife and the Defendant’s wife’s heir; and the Plaintiff’s report on the qualified acceptance of the loan amount was either 25,000,000 won to the Bank of Korea on July 6, 2012, or 2018.

According to the above facts, Defendant A is obligated to pay 12,40,296 won (=20,667,160 won (=20,64,150 won unpaid as principal) x 3/5 of the inheritance shares of Defendant A 12,386,490 (= principal of subrogation 20,64,150 won x 3/5 of the inheritance shares x 3/5 of the above inheritance shares) within the scope of the property inherited from the deceased C ; Defendant A is obligated to pay 8,266,84,267,150 won per annum from the date of delivery of an application for change of claim to the extent of the property inherited from the deceased C x 12,386,46,490 won per annum from the date of payment to the date of August 14, 2018; Defendant B is obligated to pay 8,2664,206,267,2567,265, and 2815 of the total inheritance shares by subrogation) x2616

Therefore, the plaintiff's claim against the defendants shall be accepted on the ground of the reasons.

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