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1. The defendant shall not exceed 37,860,093 won and 37,726.
Reasons
1. Basic facts
A. On July 30, 2013, the Plaintiff entered into a credit guarantee contract with the guarantee limit of KRW 80,000,000,000, where the net B obtained a loan of KRW 100,000 from the Sungdong Branch Co., Ltd.
(hereinafter “instant credit guarantee contract”). (b)
On October 16, 2017, the Plaintiff received a claim for the performance of surety obligation under the instant credit guarantee contract from the Nonghyup Bank Co., Ltd., and subrogated for KRW 37,726,039 to the Nonghyup Bank Co., Ltd.
C. The deceased died on July 31, 2017, and the Defendant is the heir of the deceased.
As of October 24, 2017, the sum of the amount of subrogation, damages, and fees for an attempted guarantee under the credit guarantee contract of this case is KRW 37,860,093, and the amount of subrogation is KRW 37,726,039, and the amount of subrogation is KRW 37,726,039, and the rate of delay damages under the credit guarantee contract of this case is 12%
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings
2. In full view of the purport of the entire pleadings in the statement No. 1 in the statement No. 1 of the board, the Defendant’s petitioned for an adjudication on limited recognition of inheritance by the Cheongju District Court 2017 Down-do835, and received the adjudication to accept the qualified acceptance on Oct. 17, 2017.
According to the above facts and the above facts, the defendant is obligated to pay the amount of 37,860,093 won as of October 24, 2017, including the amount of subrogated payment and damages, the amount of attempted guarantee fees, etc. as of October 24, 2017, and the amount of subrogated payment of 37,726,039 won as of October 25, 2017, which is deemed reasonable for the defendant to dispute the scope of his/her duty of performance from October 25, 2017 to February 8, 2018, which is the date of this decision, 12% per annum, which is the agreed delay damage rate, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of the decision.
3. The plaintiff's claim of this case is the scope of the above recognition.