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(영문) 광주지방법원해남지원 2020.11.24 2020가단203043
구상금
Text

1. The defendant shall not exceed 115,77,52 won within the scope of the property inherited from the deceased C, and 115,445 among them.

Reasons

1. Basic facts

A. On March 28, 2018, the network C (hereinafter “the network”) entered into a credit guarantee agreement between the Plaintiff and the Plaintiff with the coverage amount of KRW 110.5 million and the guarantee period from March 28, 2018 to March 10, 2020 (hereinafter “the instant credit guarantee agreement”), and was loaned KRW 130,000,000 from the branch of the D Bank Full-Gun branch on the same day.

B. The deceased above A.

On August 14, 2020, the Plaintiff made a substitute payment for KRW 115,445,721 in total with the principal and interest of the loan to the Full-Gun Branch of the D Bank in accordance with the Credit Guarantee Agreement.

C. Meanwhile, the deceased died on April 3, 2020, and on June 11, 2020, among the children of the deceased who are co-inheritors, the defendant was judged by the same court on June 11, 2020 to accept a report on the qualified acceptance of inheritance on the deceased’s property (2020 dudan1043), and E, F, and G, who are the remaining children of the deceased, received a judgment on June 11, 2020 to accept a report on the renunciation of inheritance on the deceased’s property from the Gwangju Family Court’s support (2020 Ma10444).

The Plaintiff’s principal and interest on indemnity based on each credit guarantee agreement of the instant case is KRW 115,77,522 in total as of August 13, 2020 (i.e., penalty of KRW 331,801, including the principal of indemnity of KRW 115,445,721), and the amount of damages determined by the Plaintiff is 8% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 15,77,52 won in total and 115,445,721 won in total with the principal of indemnity within the scope of the property inherited from the deceased, and 115,445,721 won in total with the principal of indemnity from August 14, 2020 to September 3, 2020, when the original copy of the payment order of this case was served, 8% per annum according to the agreed damages rate and 12% per annum pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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