Credit Guarantee Fund (Attorney Han-soo, Counsel for the plaintiff-appellant)

Lee Jin-Gyeong

April 16, 2003

Gwangju District Court Decision 2002Gadan31693 Delivered on December 5, 2002

1. Of the judgment of the court of first instance, with respect to KRW 7,171,238 out of the above amounts of KRW 31,632,862 and KRW 7,171,238, the amount of KRW 10,077,620 from February 12, 1987; KRW 3,808,701 from February 26, 1987; KRW 3,808,701 from April 3, 1987 to the date of full payment; KRW 19% from April 3, 1987 to the date of full payment; KRW 19% from April 3, 1987 to the date of full payment; KRW 21,08,575, and KRW 4,780,825, and KRW 380 from each of the above amounts to the Plaintiff’s revocation of the Plaintiff’s claim for full payment; and KRW 13,1963 through 197,28197.7

2. The remaining appeals by the defendant (appointed party) are dismissed;

3. The costs of litigation shall be borne by the defendant, including the first and second instances.

1. Purport of claim

The Plaintiff shall pay the amount of KRW 31,632,862 and KRW 7,171,238 out of the above amounts to KRW 31,632 and KRW 7,171,238 as from February 12, 1987; KRW 10,07,620 as from February 26, 1987; KRW 3,808,701 as from April 3, 1987 until the delivery date of a copy of each complaint; KRW 19% as from April 3, 1987 until the completion date; ② the Defendant (Appointed Party; Defendant D) shall pay the amount at the rate of KRW 25% as from the following day to the full payment date; KRW 21,08,575 won as from each of the above amounts to KRW 21,780,80,000, KRW 197, KRW 28198, KRW 197, KRW 284,1987.

2. Purport of appeal

The judgment of the first instance is revoked and the plaintiff's claim is dismissed.

1. Facts recognized;

In this part, the reasons for the party members' explanation are the same as the judgment of the court of first instance, and therefore, they will be cited in accordance with Article 420 of the Civil Procedure Act.

2. The defendant's assertion and judgment

By April 11, 1998, the defendant knew that the above deceased had not repaid a large amount of loans from the Industrial Bank of Korea, Hanil Bank, Gwangju Bank, etc. under the plaintiff's credit guarantee under the plaintiff's credit guarantee, and he did not know that the plaintiff's inheritance obligation exceeds the inherited property. After being notified of the plaintiff's demand for repayment on or around September 24, 2001, the defendant and the appointed parties were dismissed on the ground that three months have passed since the defendant and the appointed parties reported the inheritance limit approval with respect to the above deceased's inheritance at the Seoul District Court's branch around April 10, 202, but it was difficult for the defendant and the appointed parties to make a full payment by making great efforts in the future, and therefore, the plaintiff's claim amount should be reduced in part, but the above ground does not constitute a reduction of the plaintiff's claim amount, and the defendant's assertion is without merit.

3. Conclusion

Therefore, with respect to the plaintiff's 31,632,862 won and 7,171,238 won out of the above 31,632 won and 7,171,238 won, 10,077 won and 3,808,701 won are 19% interest rate per annum from February 26, 1987 to April 3, 1987 to the date of full payment, 19% interest rate per annum, from April 3, 1987 to the date of full payment, 19% interest rate per annum, 21,08,575 won and the above 4,780,575 won and the above 19,000 won are revoked, and the plaintiff's remaining 1,000 won and 1,000 won per annum from February 12, 1987 to the 19,000 won per annum, and the plaintiff's remaining 1,000 won per annum from 13,13.7.

[Omission of List of Appointeds]

Judges Cho Jong-ok (Presiding Judge)