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1. The extent of the property inherited from the deceased L to the Plaintiff:
A. Defendant A is 8,939,568 won and 8,700 among them.
Reasons
1. Basic facts
A. On July 16, 2002, the deceased L entered into a housing credit guarantee agreement between the Credit Guarantee Fund and the Korea Credit Guarantee Fund, which causes 31,680,000 of the guaranteed principal, and obtained a loan of KRW 83,00,000 from M on the basis of the above credit guarantee agreement.
B. The Deceased lost the benefit of the above housing loan, and the Plaintiff subrogated for the principal and interest of 37,702,454 won on September 16, 2004 on behalf of the Deceased, and recovered KRW 580 on November 10, 2019.
C. The amount of finalized damages against the recovered 580 won was KRW 448, and the amount was KRW 518,850 with additional guarantee fees against the deceased, and KRW 516,960 with substitute payments.
The rate of delay damages under the credit guarantee agreement of this case is 15% per annum from July 2, 2004 to November 30, 2012, 12% per annum from the next day to August 31, 2015, and 8% per annum from the next day to the closing date of argument of this case.
E. On March 1, 2004, the Plaintiff comprehensively succeeded to the rights and obligations of the Housing Finance Credit Guarantee Fund held by the Korea Housing Finance Credit Guarantee Fund.
F. The Deceased died on June 18, 2016, and the Defendant A, the inheritor of the Deceased, was the husband of the deceased, on October 6, 2016, and the Defendant B, C, F, G, and J, the inheritor of the Deceased, was subject to the adjudication on the qualified acceptance of inheritance by each Incheon Family Court on March 18, 2020.
G. The inheritance shares of Defendant A are 3/13, and each share of Defendant B, C, F, G, and J is 2/13.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 and Eul evidence 1, the purport of the whole pleadings
2. According to the above findings of the determination, the plaintiff is within the scope of the property inherited from the deceased; the defendant A is entitled to 38,738,132 won (the total sum of 37,701,874 won, 448 won 518,850 won 516,960 won) in inheritance value of 8,939,568 won (38,738,132 won x 37,701,874 won x 3/13), and among them, to 8,700,432 won (the total sum of 37,701,874 won x 3/13) in subrogation amount of 37,701,874 won in subrogation amount of 37,700,432 won (the total sum of 37,701,874 won in subrogation, additional guarantee fees and substitute payments x 3/13).