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(영문) 대구지방법원김천지원 2016.08.18 2016가단2662
구상금
Text

1. The Plaintiff:

A. Defendant B is against KRW 55,378,844 and KRW 21,018,360 among them.

have been inherited from the net G.

Reasons

원고는 2002. 10. 31. 망 G(2011. 12. 18. 사망)과 사이에 보증금액 30,000,000원, 보증기한 2007. 10. 20.로 된 신용보증계약을 체결한 다음 망인이 신용보증사고를 일으키자 2005. 12. 19. 중소기업은행에 21,018,360원을 대위변제하였고, 피고 B(망인의 장남), 피고 C(망인의 맏며느리)은 위 신용보증계약 당시 망인의 원고에 대한 구상금 채무를 연대보증하였다

(A) As of April 19, 2016, the Plaintiff’s claim for indemnity on April 19, 2016 against the Deceased is KRW 5,378,84 in total, including the amount of subrogated payment, its delayed payment, its overdue payment, its guarantee fee, and its provisional payment, and the interest rate for delay after November 1, 2013 is 12% per annum.

(1) Defendant A is the deceased’s wife, and Defendant B, D, E, and F are the deceased’s offspring’s children, and the qualified acceptance report was accepted on January 16, 2012 by this court’s decision No. 2012-Ma13 on February 6, 2012. Defendant C was declared bankrupt by Daejeon District Court Decision 2007Hadan6083 on October 29, 2008 after the occurrence of the claim for reimbursement, and the above immunity exemption became final and conclusive around that time upon receiving the exemption decision under the above court’s 2007Ha6083 on October 29, 2008.

(C) If so, Defendant B is liable to pay the amount of money equivalent to KRW 55,378,84 and KRW 21,018,360 from the day following the above reference date until August 11, 2016, which is the last day of service of the complaint, and damages for delay calculated in proportion to each of the rates prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the next day of service of the complaint, and the next day to the day of full payment. The Plaintiff’s above claim against Defendant C is exempted from the above immunity upon the final decision of immunity. Defendant A, D, E, and F are jointly and severally liable with Defendant B to pay the money corresponding to each of the above legal inheritance portion (Defendant A3/11, Defendant D, E, and F 2/11) out of the above money inherited from the Deceased. It is so decided as per Disposition, but the litigation costs shall be determined at each party’s expense by taking into account the dispute circumstance, the progress of pleading, etc.

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