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(영문) 광주지방법원 2020.12.08 2020가단6349
구상금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 32,704,742 and KRW 14,376,244 among them:

B. Defendant (Appointed Party) C,

Reasons

1. In fact, the Plaintiff entered into a credit guarantee agreement with G in relation to the receipt of a loan at the H Association Non-Am (hereinafter “the instant loan bank”) and issued a credit guarantee certificate.

As a credit guarantee accident occurred in relation to the above loan, the plaintiff made a substitute payment to the loan bank of this case as the guarantor.

Accordingly, the Plaintiff applied for a payment order against G with the Gwangju District Court 201j6021 for the payment order seeking reimbursement for the amount of reimbursement incurred by the said subrogation, and the payment order was issued on May 31, 201 with respect to KRW 119,917,390 for G and KRW 52,712,895 for the payment order from May 25, 2011 until June 7, 2011 when the original copy of the payment order was served, and KRW 15% per annum for the payment order from the next day to the date of full payment, and KRW 20% per annum for the payment order. The above payment order was finalized on June 22, 2011.

G The heir died on May 21, 2014. The heir dieded on May 21, 2014, and there were Defendant B (the heir 3/11), Defendant C, Appointed D, Appointed E, Appointed, and Appointed F (the share of inheritance 2/11). The above Defendant C, Appointed D, Appointed E, Selected E, and Appointed F approved inheritance of the deceased family court 2014Mo232.

[Ground of recognition] Facts without dispute, significant facts in this court, entry of Eul evidence 1, purport of the whole pleadings

2. According to the facts of the above recognition, Defendant B is obligated to pay to the Plaintiff KRW 32,704,742 (=19,917,390 + KRW 3/11, and KRW 3/11, and KRW 14,376,244 among them (=52,712,895 KRW x 3/11). Defendant C, Appointed D, Appointed E, and Appointed F are obligated to pay the Plaintiff the amount at the rate of KRW 21,803,161 (= KRW 119,917,390 x 2/11) and to pay the amount at the rate of KRW 9,584,162 (=52,712,895 x 2/11) from the following day to May 21, 2011, respectively.

Therefore, the plaintiff's claim of this case will be accepted on the grounds of its reasoning.

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