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(영문) 광주지방법원 2021.02.23 2020가단5940
구상금
Text

The Plaintiff

A. As to KRW 78,293,505 and KRW 63,216,514 among Defendant B, Defendant B, from March 30, 2010 to December 16, 2012.

Reasons

1. Facts of recognition;

A. On June 14, 2004, the Plaintiff entered into a credit guarantee agreement with Defendant B, with the amount guaranteed as KRW 13,410,00 (hereinafter “1 credit guarantee agreement”) and a credit guarantee agreement with the amount guaranteed as KRW 19,80,000 (hereinafter “2 credit guarantee agreement”), and the credit guarantee agreement with the amount guaranteed as KRW 32,40,000 (hereinafter “3 credit guarantee agreement”) around June 14, 2006, respectively, and the Plaintiff jointly and severally guaranteed the Plaintiff’s debt owed by Defendant B pursuant to the three credit guarantee agreement.

B. Under the above credit guarantee agreement, Defendant B was unable to obtain the above loans at the J-Union Gwangju branch. Accordingly, on August 29, 2008, the Plaintiff subrogated to the J-J branch in Gwangju, the amount of KRW 11,705,950, under one credit guarantee agreement, KRW 17,283,953, and KRW 34,226,611 based on three credit guarantee agreements.

(c)

After that, on March 26, 2010, I died, and the Defendants, their children, inherited I’s property according to their statutory shares in inheritance, and among them, Defendant C, D, E, F, G, and H limited approval.

(d)

Meanwhile, Defendant B’s obligation to the Plaintiff as of March 29, 2010 under the credit guarantee agreement was 14,495,033 won (the amount of subrogated repayment of KRW 11,705,950 won, KRW 11,164 won, KRW 7,355 won, KRW 2,780,564), and the term under the credit guarantee agreement was 21,402,065 won (the amount of the above subrogated repayment of KRW 17,283,953, KRW 10,862 won, KRW 4,105,530, KRW 105,530) and annual amount of damages from KRW 28,200,000 to KRW 12,396, KRW 407 (the amount of subrogated repayment of KRW 34,226, KRW 611, KRW 388,564), and the annual amount of damages from KRW 21,2981.2

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 15, 17 through 22, Eul evidence Nos. 1 and 2, Eul evidence Nos. 5 and arguments.

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