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(영문) 대구지방법원 2017.02.14 2016가단118742
구상금
Text

1. The defendant shall not exceed 23,589,430 won within the scope of the property inherited from the deceased B and 23,589 among them.

Reasons

On March 11, 201, pursuant to a credit guarantee agreement with the network B (hereinafter “the deceased”) operating the “C” (hereinafter “C”), the Plaintiff issued a credit guarantee certificate as of March 4, 201 as the guaranteed amount of KRW 23,184,00, and the term of guarantee. Under the said credit guarantee agreement, the Deceased determined to pay to the Plaintiff damages in accordance with the rate of damages as determined by the Plaintiff from the date of payment on behalf of the Plaintiff to the date of full payment, additional guarantee fees, and other legal procedures. Comprehensively taking account of the fact that the Deceased’s credit guarantee certificate was borrowed from the National Bank as collateral, and the Plaintiff paid KRW 23,596,279 to the National Bank on behalf of the deceased on February 24, 2016, and that there was no dispute between the deceased and the Family Court as of KRW 23,589,429, and the deceased’s claim for compensation for delay as of KRW 1610,216,29, respectively.

According to the above facts, the defendant, as the inheritor of the deceased's property, is obligated to pay the principal and damages for delay of the above indemnity obligation owed by the deceased to the plaintiff within the scope of the property inherited by the deceased. Thus, the plaintiff's claim against the defendant against the defendant is justified, and it is so decided as per Disposition.

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