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(영문) 대구지방법원 2016.03.29 2015가단35574
구상금
Text

1. The Plaintiff:

A. Defendant A is entitled to KRW 146,190,509 within the scope of property inherited from the deceased C, and KRW 66,883 among them.

Reasons

1. Of course, the guaranteed amount of the loans extended by the temporary lending institution No. 10,000 on July 14, 2000 100% of the loan 30,000,000 for the loans extended by the Han River No. 30,000 on August 9, 2003 30,000% of the general loans extended by the Han River No. 30,000,000 on June 8, 2004 10% of the structural improvement of agricultural and fishing villages 30,000,000

A. The Plaintiff entered into a credit guarantee agreement (hereinafter “each credit guarantee agreement of this case”) with the deceased C (hereinafter “the deceased”) on three occasions as follows. The Deceased provided the credit guarantee agreement issued through each of the above agreements to the Tlim Agricultural Cooperative and the National Agricultural Cooperative Federation (Seoul-gun Branch) as collateral and received loans.

B. Defendant B jointly and severally guaranteed the obligation of indemnity against the Plaintiff according to the credit guarantee agreement set out in the above Nos. 2.

Serial 134,508,484 34,508,48,484 38,508,484 38,566,126, 73,074,610 210,133, 21212 10,133,212 9,89, 335 20,032,547 328,574,4262,242,242, 21630,841, 13653,083,352 in total, 73,266,83,979,597146,50,509

C. Since then, there was a guarantee accident where the deceased did not pay the loan. Accordingly, on July 20, 2007, the plaintiff paid the principal and interest of each deceased on November 17, 2005 to the National Agricultural Cooperative Federation (Seoul-gun Branch) as shown in the table Nos. 3 below, based on each credit guarantee agreement of this case.

C. As of July 13, 2015, as of July 13, 2015, as the Plaintiff recovered part of the subrogated amount, the sum of the Plaintiff’s claims, such as reimbursement against the Deceased is as indicated in the foregoing table.

The rate of damages for delay stipulated in each credit guarantee agreement of this case is 12% per annum.

E. On February 17, 2010, Defendant A inherited his/her property due to the death of the deceased, and was tried to grant inheritance limited recognition as a family branch of the Daegu District Court 2009Modan3013 on February 17, 2010.

【Unsatisfied facts, Gap's statements in Gap's evidence 1 through 6 (including each number), and the purport of the whole pleadings.

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