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(영문) 광주지방법원해남지원 2017.06.27 2017가단107
구상금
Text

1. Within the scope of the property inherited from the deceased B

A. The Selection C shall be KRW 19,725,339 and KRW 8,411.

Reasons

1. Facts of recognition;

A. Each of the financial institutions listed in the following table “financial institutions” (hereinafter “financial institutions”) lent money to B as listed in the following table:

At the time of conclusion of each loan agreement, the Plaintiff and B guaranteed the loan obligation to financial institutions, and B concluded each credit guarantee agreement with the purport that the Plaintiff shall pay the guarantee fee, administrative fine, and penalty in accordance with the terms determined by the Plaintiff, and shall pay the amount of subrogation, expenses incidental thereto, and damages therefrom (hereinafter “instant guarantee agreement”), and the Plaintiff issued each credit guarantee agreement to financial institutions.

The amount of subrogated for the loan on the date of concluding the contract by a financial institution 1 December 27, 2001, the amount of subrogated for the loan on the date of concluding the contract by a financial institution 1,000 Y Y 1,000 agricultural cooperative, Feb. 15, 2007; 29,596,590 Y Y Y 22,400,000 on June 18, 2001; 23,678,395 in total; 50,000,000,000 on April 23, 2007;

B. B lost the benefit of time by delaying the performance of the obligation under the above loan agreement, and the above financial institution requested the Plaintiff to discharge the guaranteed obligation.

The plaintiff subrogated to the above financial institution B's obligations on behalf of the plaintiff as shown below.

Serial 129,596,590 40,108,650 69,705,240 23,678,395 31,543,513,5135,221,908 in total, 53,5274,985 71,652,163 124,927,147,148

C. The amount of delay damages, etc. that B shall pay to the Plaintiff pursuant to the instant guarantee agreement is as indicated below as of December 12, 2016.

Under the instant guarantee agreement, the rate of damages for delay applicable to the above indemnity obligation is 12% per annum as of the time of the closing of argument in the instant case.

Defendant C’s spouse C/19 19,725,339 8,41,839 2 (Appointed Party), Appointed D, E, F, G, H, I, and J children, respectively 2/19 13,150,265,607,893

E. B died on November 18, 2014 and died.

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