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(영문) 광주지방법원 2016.05.25 2015가단52317
구상금
Text

1. The Plaintiff:

A. As to KRW 25,810,105 and KRW 21,531,241 among them:

B. Defendant (Appointed Party) B, and

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with E on August 30, 2001, and issued to E a letter of credit guarantee worth KRW 22,300,000.

Defendant A jointly and severally guaranteed E.

B. E obtained a loan of KRW 22,300,00 from the Hong Agricultural Cooperatives as security, but caused a credit guarantee accident. On August 31, 2004, the Plaintiff subrogated the payment of KRW 23,503,166 to the Hong Agricultural Cooperatives.

C. The Plaintiff filed a claim against E and Defendant A for the payment order at the rate of 15% per annum from November 17, 2005 to the date of complete payment, claiming for the payment order at the rate of 27,782,030 won and 23,503,166 won among them, and the payment order was issued on November 25, 2005.

(B) The repayment order was finalized on December 14, 2005, 2005.

On April 10, 2006, the Plaintiff received dividends of KRW 1,971,925 from G Auction Case at the Gwangju District Court G Auction Case.

E. On October 9, 2011, E died, and its successors are Defendant A, Defendant B (Appointed Party), Appointed C, and Appointed D, who are their spouse.

On July 23, 2012, Defendant (Appointed Party) B, Appointed C, and D reported a qualified acceptance, and the Seoul Family Court rendered a ruling accepting the qualified acceptance on September 27, 2012.

[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. On April 10, 2006, the Plaintiff received a dividend of KRW 1,971,925 from G Auction Case at the Gwangju District Court G Auction and appropriated it for the repayment of the principal of the indemnity amount.

B. Therefore, Defendant A, a joint and several surety of the network E, has the obligation to pay to the Plaintiff 25,810,105 won and 21,531,241 won (23,503,166 won - 1,971,925 won) of the principal and interest on indemnity, as sought by the Plaintiff, 15% per annum from April 11, 2006 following the date of partial repayment to the date of full payment.

Defendant (Appointed Party) B, Appointed C, and D, the heir of the network E, are within the scope of the property inherited from the network E.

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