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1. The Plaintiff within the scope of the property inherited from the network D:
A. Defendant B shall be 176,051,295 won and among them, 175.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a credit guarantee agreement with the deceased D (hereinafter “the deceased”) to guarantee the payment of the principal and interest of loans to E-Cooperatives as follows:
D D D D D D D D D D D E E E E E E E E F G H J Ha L L M
B. Upon occurrence of a guarantee accident, such as delayed payment of interest, the Plaintiff subrogated to 292,463,521 won of the principal and interest of loan to E Cooperatives in accordance with the aforementioned credit guarantee agreement on September 27, 2018.
C. At the time of the above credit guarantee agreement, the Deceased paid to the Plaintiff a delay compensation of 12% per annum with respect to the subrogated amount. The Deceased paid expenses, penalty, administrative fine, guarantee fee, and damages by subrogation. The amount of damages incurred until October 3, 2018 according to the credit guarantee agreement as above is KRW 673,063, and the amount of charges for attempted guarantee fees, penalty, and administrative fine is KRW 282,241 in total.
The Deceased died on March 1, 2018, and there was N and Defendant C, who is the deceased’s heir, N and children, and N reported the renunciation of inheritance on May 8, 2018 by Changwon District Court Heading the Changwon District Court’s Branching 2018 Gadan10050, and received the said report from the above court on May 17, 2018. The Defendants reported the qualified acceptance on May 10, 2018 and received the said report from the said court on June 5, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Plaintiff within the scope of the property inherited from the network D, and the Defendant B paid off the amount of KRW 176,051,295 (=293,418,825) equivalent to the inherited shares (3/5) = KRW 292,463,521 of the principal amount of subrogated = guarantee fee of KRW 292,463,523 of the principal amount, penalty and administrative fine of KRW 282,241 x 3/5) and the principal amount of KRW 175,478,112 of the principal amount (=292,463,521 x 3/5 x less than the unit) from October 4, 2018.