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(영문) 대전지방법원천안지원 2017.04.11 2016가단112460
구상금
Text

1. The Plaintiff:

A. As to Defendant A Co., Ltd.: KRW 31,259,170 and KRW 30,574,630 among them:

(b) from the network E;

Reasons

1. Facts of recognition;

A. On June 3, 2011, Defendant A Co., Ltd. (hereinafter “Defendant A”) borrowed KRW 30,000,000 from a new bank (hereinafter “Defendant A”), the Plaintiff entered into a credit guarantee agreement with the content that guarantees the repayment obligation of the principal and interest of loan to be borne by the said bank (hereinafter “the instant credit guarantee agreement”). In this case, the network E jointly and severally guaranteed the liability for indemnity to be borne by Defendant A in accordance with the instant credit guarantee agreement.

B. Defendant A failed to pay the principal and interest of the loan, and the Plaintiff subrogated for KRW 30,574,630 in total to the new bank on July 26, 2016 according to the credit guarantee agreement of this case.

C. The agreed interest rate for delay under the instant credit guarantee agreement is 12% per annum from the date of subrogation.

The plaintiff incurred 684,540 additional guarantee fees due to the legal procedure cost (provisional payment) 167,970 won and the guarantee period of the plaintiff paid for the preservation of the claim for indemnity.

E. On December 19, 2015, the deceased on December 19, 2015, Defendant B, C, and D, a spouse and children, inherited the deceased E’s property.

F. On April 6, 2016, Defendant B, C, and D were adjudicated to accept the report on qualified acceptance with respect to the inheritance of the deceased E’s property as the court’s 2016-Ma180.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, Defendant A, as the principal obligor of the credit guarantee agreement of this case, is obligated to pay the Plaintiff the amount calculated according to the respective inheritance shares out of the said amount, jointly and severally with Defendant A, within the scope of the property inherited from the deceased E, a joint guarantor of the credit guarantee agreement of this case, as the principal obligor of the credit guarantee agreement of this case (i.e., KRW 30,574,630 of the provisional payment of KRW 167,970 of the provisional payment of KRW 167,570 of the provisional payment of KRW 167,570 of the provisional payment of KRW 30,574,630 of the subrogated amount)

Therefore, as to the Plaintiff, Defendant A’s KRW 31,259,170 and KRW 30,574,630 among them, respectively.

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