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1. The Plaintiff:
A. As to Defendant B’s KRW 36,662,794 and as to this:
B. Defendant A succeeds to the deceased C.
Reasons
Attached Form
The facts identical to the description of the cause of the claim and C’s death on December 20, 2016, and at the same time there was Defendant B and A, his wife as his inheritor, and Defendant A filed a petition for adjudication on the inheritance limited recognition by inheritance under the Suwon District Court’s Ansan Branch 2017-Madan203, and on April 13, 2017, Defendant A’s report on the qualified acceptance of the qualified acceptance of the inheritance by inheritance of the deceased C’s property on April 13, 2017 may be recognized by taking into account the overall purport of the pleadings between the Plaintiff and the Defendant, and between the Plaintiff and the Defendant, it shall be deemed that Defendant B led to confession pursuant to Article 150(3) of the Civil Procedure Act.
Therefore, Defendant B, as a joint guarantor of the above credit guarantee agreement, is jointly and severally liable with Defendant B to pay damages for delay at the rate of 14,65,117 out of the above amount (36,662,794 won by subrogation x inheritance share 2/5) within the limit of the property inherited from the deceased C as the deceased heir of the above credit guarantee agreement, and at the rate of 8% per annum under the interest rate of delay and the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 31, 2017, which is the date of delivery of a duplicate of the application for change of purpose of the complaint of this case or purport of the claim, and from September 22, 2017, which is the date of delivery of a copy of the application for change of cause of the claim, from the next day to the date of full payment.
The plaintiff's claim against the defendant B and the claim against the defendant A within the above recognition scope are justified, and the remainder of the claim against the defendant A is dismissed as it is without merit.