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(영문) 광주지방법원목포지원 2015.12.17 2015가단5963
구상금
Text

1. The Defendants: (a) each of the KRW 28,176,687 and 12,905, within the scope of property inherited from the network D to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is the deceased D (hereinafter “the deceased”).

B) On April 21, 200, the credit guarantee contract was concluded four occasions (14,350,00 won as of April 21, 2001; (2) 17,200,000 won as of April 30, 2001; and (3) 4,300,000 won as of December 8, 2001; and (4) 6,00,00,000 won as of December 10, 201; and (2) The Plaintiff concluded the credit guarantee contract as of December 10, 201; (3) 14,756,910 won as of April 14, 13, 207; (6,169,643 won as of March 16, 207; and (6), 205, 2075 won as of December 16, 2007; and (3) 6,575 won as of subrogation;

3) The Deceased died on November 11, 201, and his bereaved family members were their children. 4) The Defendants reported the inheritance limited recognition as a result of the Gwangju Family Court’s Maritime Family Court’s 2015-Madan209, and the qualified acceptance report was accepted on September 16, 2015.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

B. According to the above facts of determination, the Defendants are obligated to pay the Plaintiff 28,176,687 won (=84,530,061 won x 1/3) within the scope of the property inherited from the Deceased and the amount subrogated to the Plaintiff 12,905,25 (=38,715,766 won x 1/3, and omission of objection) from May 6, 2015 to November 24, 2015 when a copy of the complaint of this case and an application for amendment of the purport of the claim were served on the Defendants from May 6, 2015 to November 24, 2015, 12% per annum of the agreed delay damages rate and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

However, as the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was promulgated on September 25, 2015 and enforced on October 1, 2015, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 25, 2015 to the day of full payment.

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