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(영문) 서울중앙지방법원 2019.06.11 2018가단5194548
구상금
Text

1. The Defendants: (a) KRW 27,426,486, respectively, and KRW 8% per annum from July 27, 2018 to April 13, 2019, respectively, to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 28, 2016, the Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the deceased with respect to the obligation to repay the principal and interest of loan, which is to be borne by the deceased, in obtaining a loan from D Co., Ltd. (hereinafter “D”), and issued a credit guarantee agreement in D future with the following contents:

Guarantee Number Guarantee Deposit E 72,00,000 won on January 28, 2016; the Bank Resources Transfer Tax on October 28, 2017

B. The Deceased was loaned KRW 80,000,000 from D around that time.

C. On July 26, 2018, the Plaintiff subrogated to D for KRW 54,870,012 in total, 54,870,012, the principal amount of KRW 54,00,000, and interest amount of KRW 870,012 upon the request for performance of the guaranteed obligation by D.

The plaintiff recover part of the amount of subrogation and recover it is 54,852,972 won.

According to the Korea Housing Finance Corporation and the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the Plaintiff is paid damages for delay at the prescribed interest rate (8% per annum from July 26, 2018, which is the date of repayment by subrogation, to the date of full payment) set by the Plaintiff from the date of performance to the date of full payment, and legal procedure expenses incurred by the Plaintiff in order to execute or preserve the deceased’s claim for reimbursement against the deceased. If the Plaintiff’s obligation to discharge the guaranteed obligation is not rescinded due to the deceased’s failure to perform the principal obligation within the guarantee period, the amount of the unpaid obligation shall be paid additional guarantee fees

E. The Deceased died on January 24, 2018, and his/her spouse and children were accepted, and the Defendants, the parents, were the successors.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, and evidence 11 (including each number in the case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, as the inheritor of the Deceased, shall be KRW 27,426,486, respectively, to the Plaintiff.

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