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(영문) 서울남부지방법원 2019.10.24 2019가단243400
구상금
Text

1. Within the scope of the property inherited from the deceased D (E) to the Plaintiff

A. Defendant A: 18,432,006 won and 18,283.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1 through 8 and Eul evidence 1, the deceased D (the deceased on June 3, 2018, hereinafter "the deceased") borrowed KRW 33 million from the F on May 7, 2013 (hereinafter "F"), the Plaintiff guaranteed the deceased's loan obligations to F. The Plaintiff subrogated the F to F on April 10, 2019; Defendant A was the deceased's spouse and the Defendants were the deceased's children; the deceased filed a request for an inherited re-approval trial under the Seoul Family Court Decision 2018Hu5285, and received the report of qualified acceptance from the above court on October 4, 2018.

According to the above facts, Defendant A is obliged to pay the Plaintiff the indemnity amount of KRW 30,720,01 (=30,472,250 of subrogated payment of KRW 247,761 of the remainder of the subrogated payment of KRW 30,432,06 (=30,720,01 x 3/5) and KRW 18,283,350 (=30,472,250 x 3/505) as to the Plaintiff’s subrogated payment of KRW 30,472,250 x 3/5) from April 11, 2019 to August 13, 2019 to the date of delivery of a copy of the request for change of the purport and cause of the claim of the Plaintiff’s subrogation of KRW 30,420 per annum from the date of delivery to the date of completion of the claim to the date of payment (=120,281,281,2081,27,381,201,20.

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