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1. As to KRW 87,810,020 and KRW 26,050,394 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 31, 2015 to October 13, 2015.
Reasons
1. Determination as to the cause of claim
A. The following facts are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence Nos. 1 and 2:
1) B signed a credit guarantee agreement with the Plaintiff on December 24, 1996, and received a credit guarantee agreement from the Plaintiff, and as a security for the same day, it constitutes the North Korean Agricultural Cooperative (hereinafter “North Korean Agricultural Cooperative”).
(2) The Plaintiff was ordered to pay 20,000,000 won to the Plaintiff on April 29, 200 that “B shall pay 18% per annum from April 29, 2000 to the date of delivery of payment order, and 20% per annum from the next day to the date of full payment” to the effect that “B shall pay 28,193,281 won for indemnity to the Plaintiff and delay damages calculated at the rate of 20% per annum from the next day to the date of full payment.” This payment order became final and conclusive as is, as it is, the Plaintiff’s payment order.
3) After that, B paid part of the amount of indemnity to the Plaintiff as of March 30, 2015, B paid the amount of indemnity to the Plaintiff. As of March 30, 2015, B’s obligation to refund the amount of indemnity to the Plaintiff is 87,810,020 won (=26,050,394 +61,759,626) plus the total of 61,759,626 expenses and all kinds of expenses, and the agreed interest rate is 12% per annum. However, B died on July 15, 2007, and C, D, E, and F, children of co-inheritors, died on August 24, 2007, filed a report on the renunciation of inheritance with the Gwangju District Court of Gwangju, as of August 24, 2007, and accepted the report on August 27, 2007.
B. Therefore, the Defendant, the sole inheritor of the deceased B’s spouse, is subject to the above payment order, as to the Plaintiff’s total amount of KRW 87,810,020 under the credit guarantee agreement and the principal amount of KRW 26,050,394 from March 31, 2015 to August 26, 2015, which is the delivery date of the application for change of the purport of the claim and the cause of the claim, from August 13, 2015.