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(영문) 서울중앙지방법원 2020.08.11 2019가단5150699
구상금
Text

1. The parties to the defendant's lawsuit are 46,779,383 won and 46,779,383 won, respectively, to the plaintiff within the scope of the property inherited from the deceased E.

Reasons

1. Facts of recognition;

A. On February 28, 2012, the Plaintiff concluded a housing credit guarantee agreement with E and the guaranteed principal amount of KRW 136,800,000.

(hereinafter “instant credit guarantee agreement”). E obtained a loan of KRW 152,00,000 from the F Co., Ltd. (hereinafter “F”) as security for the said guarantee on the same day.

B. E was unable to repay the loan from time to time, and F claimed the Plaintiff to discharge the guaranteed obligation.

Accordingly, on July 22, 2014, the Plaintiff subrogated to F for KRW 139,971,510 in total of KRW 136,80,000 and interest KRW 3,171,510.

C. E died on December 29, 2015.

The father, the first-class inheritor, the defendant litigant (hereinafter referred to as the "defendant") and the mother B, who were the first-class inheritor, filed a request for adjudication on renunciation of inheritance, and was tried on June 22, 2016.

Seoul Family Court (Seoul Family Court Decision 2016Ra2662) Dol E's words H and Dong I, together, were tried to waive inheritance. D.

On July 2, 2019, the Plaintiff filed the instant lawsuit against the deceased E, and confirmed the death, and corrected the Defendant’s indication to Defendant B and G on July 17, 2019.

Since then, on September 17, 2019, the Plaintiff confirmed the renunciation of inheritance, and again corrected the Defendant’s mark as the deceased E-II heir on September 17, 2019

E. A received a repair trial on January 23, 2020 upon a request for an inherited parliamentary approval judgment.

Seoul Family Court (Seoul Family Court Decision 2019Ra7154). (F) A died on March 26, 2020, the Defendants, who were the deceased’s children, jointly inherited the case, and taken over the case against A.

G. Meanwhile, the net E’s indemnity liability amount under the instant credit guarantee agreement is KRW 140,338,150 (i.e., the principal and interest of KRW 139,971,510 (i.e., the attempted guarantee fee of KRW 176,150) and the attempted guarantee fee of KRW 183,640,640, and the interest rate of KRW 12% per annum from the date following the date of repayment of the subrogated amount is applicable until August 31, 2015, and the interest rate of KRW 8% per annum from the following day.

Grounds for recognition: Facts without dispute, A, 1 through 3.

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