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(영문) 대전지방법원 2020.01.28 2019가단121909
구상금
Text

1. The defendant, within the limit of property inherited from the deceased C (D) to the plaintiff, 38,864,539 won and 38,793 among them.

Reasons

1. Facts of recognition;

A. C dies on December 12, 2018, and there are children E and the Defendant, etc. as inheritor, E waives inheritance on May 27, 2019, and the Defendant, on November 13, 2019, has qualified acceptance.

B. On February 1, 2013, the Plaintiff entered into a housing finance credit guarantee agreement with the deceased C with the principal of the housing finance credit guarantee amounting to 37.8 million won, and issued C a housing finance credit guarantee agreement with the term of guarantee on February 1, 2019.

C. The net C was loaned 42 million won by the credit guarantee fund through the credit guarantee statement.

However, the defendant, who is the deceased C or his heir, had a credit accident as to the above loan due to the expiration of the term of guarantee, but did not pay it.

E. Accordingly, on July 23, 2019, the Plaintiff subrogated for KRW 38,793,709 to the LAF.

F. Meanwhile, at the time of the above Housing Finance Credit Guarantee Agreement, in the event that the Plaintiff makes a payment on behalf of the Plaintiff by failing to perform the upper limit of the loan after receiving the loan from the financial institution under the Housing Finance Credit Guarantee Agreement, the net C agrees to pay the Plaintiff the amount of subrogation and the damages for delay in accordance with the Plaintiff’s fixed damages rate. The Plaintiff’s fixed damages for delay at the time of the payment on behalf of the Plaintiff is 8% per annum, and according to Article 38 of the Korea Housing Finance Corporation Act and the above Credit Guarantee Agreement, when the Plaintiff did not discharge the obligation by failing to perform the obligation within the given period, the Plaintiff may collect additional guarantee fees for the amount not paid out of the guaranteed obligation. The attempted additional guarantee fees are 70,8

[Reasons for Recognition] Unsatisfy, Gap's 1 through 9 (including virtual numbers), Eul's 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, in the inheritance of the deceased C’s property, the Defendant, who accepted the qualified acceptance, shall pay the Plaintiff the amount of KRW 38,864,539, within the limit of the property inherited from the deceased C.

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