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(영문) 창원지방법원통영지원 2019.11.19 2019가단3409
구상금
Text

1. The Plaintiff within the scope of the property inherited from the network E:

(a) Defendant B shall be KRW 53,550,864 and this shall apply.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the deceased E (hereinafter “the deceased”) to guarantee the payment of the principal and interest of loans to the F Cooperatives, etc. as follows:

The amount guaranteed by a financial institution for the guarantee period of 190,000,000 G from June 28, 2018 to June 29, 2018, F Cooperatives 233,330,000 H H on July 9, 2018 from July 10, 2018 to July 10, 2018

B. Upon occurrence of a guarantee accident, such as delinquency in paying the principal and interest, the Plaintiff subrogated to FF associations on June 21, 2019 KRW 91,781,310 of the principal and interest of the loan, and to I associations (general branch) KRW 33,723,578 of the principal and interest of the loan, respectively.

C. At the time of the conclusion of each credit guarantee agreement, the Deceased paid to the Plaintiff a delay compensation of 12% per annum on the amount subrogated.

On March 31, 2019, the Deceased died, and the Defendants, the inheritors of the Deceased, filed a report on the re-approval of inheritance with the Changwon District Court Heading the Changwon District Court on May 7, 2019, and received the said report from the said court on June 4, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 14, Eul evidence 1 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff within the scope of the property inherited from the Deceased; Defendant B, as the remainder of the above subrogated amount, KRW 53,550,864 equivalent to the inheritance shares (3/7) out of KRW 124,952,018; Defendant C, and D, as the inheritance shares (2/7) out of the above KRW 124,952,018, respectively; and damages for delay calculated at the rate of 12% per annum from June 21, 2019 to the day of complete payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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