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(영문) 대전지방법원 천안지원 2017.02.23 2016가단12737
구상금
Text

1. To the extent of the property inherited from each network D, the Plaintiff:

(a) Defendant A and B are 5,026,428 won and their respective.

Reasons

1. Basic facts

A. On May 31, 2001, the Plaintiff concluded a credit guarantee agreement with a guarantee limit of KRW 11,200,000 and KRW 820,000, respectively, on each of the loans granted by the new agricultural cooperatives from the new agricultural cooperatives. On May 22, 2001, the Plaintiff entered into a credit guarantee agreement with a guarantee limit of KRW 5,200,000 with a guarantee limit of KRW 11,200 and KRW 820,000 with a loan of KRW 5,20,000 from the budgetary livestock cooperatives.

(hereinafter “each credit guarantee contract of this case”). (b)

On September 28, 2006, the Plaintiff received a claim from the Newyang Agricultural Cooperative, on December 28, 2006, for the performance of a guaranteed obligation under each credit guarantee contract of this case from the budgetary livestock industry cooperative, and on September 28, 2006, the Plaintiff subrogated 2,98,040 won in total to the Newyang Agricultural Cooperative on September 28, 2006, and 5,551,320 won in total to the budgetary livestock industry cooperative on December 28, 2006.

C. The deceased died on December 31, 2004, and the Defendants are the inheritors of the deceased.

As of August 26, 2016, the aggregate amount of subrogated payments and damages for delay under each credit guarantee contract of this case is KRW 20,105,713, and the amount of subrogated payment is KRW 8,539,218.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7 (including branch numbers, if any) and the purport of whole pleadings

2. On December 28, 2016, the fact that the Defendants filed a petition for adjudication on the limited acceptance of qualified acceptance with the Daejeon Family Court’s Hongsung Branch Branch 2016Modan566, which was rendered on December 28, 2016, is significant in this court.

According to the above facts and the above facts, within the scope of the property inherited from the network D, Defendant A and B obtained by dividing the total amount of subrogated payment and delayed payment as of August 26, 2016 by 1/4, respectively, 5,026,428 won and the amount of subrogated payment by 1/4, respectively, as of August 26, 2016; Defendant C obtained by dividing the total amount of subrogated payment and delayed payment as of August 26, 2016 by 1/2; Defendant C obtained by dividing the total amount of subrogated payment and delayed payment as of August 26, 2016, by 10,052,856 won and the amount of subrogated payment by 1/2 as of August 26, 2016.

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