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(영문) 대전지방법원 2016.11.04 2014가단225325
구상금
Text

1. The Defendants shall within the scope of the property inherited from the network E, and each of the costs of KRW 5,133,683 and 5.

Reasons

1. Facts of recognition;

A. On July 11, 2013, the Plaintiff entered into a credit guarantee agreement with E with the credit guarantee principal of KRW 20,000,000, and with the credit guarantee period of July 10, 2015, and E entered into an agreement with E to pay the principal and interest of the loan, as well as damages for delay in accordance with the relevant principal and interest rate, damages for confirmation, attempted penalty, penalty for negligence, etc. in the event the Plaintiff makes a substitute payment for the principal

B. On July 15, 2013, in accordance with the credit guarantee agreement, E loaned KRW 20,000,000 as a general loan for corporate driving through a credit transaction agreement from the bank. However, on June 17, 2014, E paid on behalf of the Plaintiff at the bank on October 7, 2014, due to the occurrence of a credit guarantee accident with a natural body, the Plaintiff paid on behalf of 20,446,662 won ( principal amount of KRW 20,00,000).

Although substitute payment of KRW 239,300 incurred in preserving the execution and preservation of bonds occurred, 151,230 is offset by the unpaid guarantee fee, 88,070 won will remain.

C. The Plaintiff’s fixed overdue interest rate is 12% per annum from October 7, 2014 to the date.

E was killed on May 17, 2014, and the spouse F, children G, and H renounced inheritance of the first heir, and the Defendants, the siblings of E, succeeded to E, but on June 30, 2016, the Defendants’ report on inheritance limited acceptance of the Defendants’ net E was accepted.

(A) An adjudication on the limited recognition of succession by the Incheon Family Court 2015 saw-Ma797). [Grounds for recognition] The facts of no dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants inherited each of 1/4 (5,13,683 won =20,53,742 won and each of 12% per annum from October 7, 2014, the date of subrogation, to the date of final service of a copy of the application for alteration of the claim and the cause of the claim in this case, and the obligation to pay damages for delay calculated at the rate of 15% per annum from the next day to the date of full payment) to the plaintiff, respectively. The defendants inherited each of 1/4 (5,13,683 won =20,53,742 won x 1/44) to the plaintiff, and the obligations are limited to the extent of the property inherited from the deceased.

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