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1. The Defendants: (a) each of the Plaintiff’s KRW 8,330,971, within the scope of property inherited from the network D and 2,612.
Reasons
1. Facts of recognition;
A. On June 18, 2001, the deceased D (hereinafter “the deceased”) borrowed KRW 10,000 from the Busan Livestock Farming Cooperative. The deceased entered into a credit guarantee agreement with respect to its loan obligations (hereinafter “the instant credit guarantee agreement”) and issued a credit guarantee agreement.
B. At the time of the conclusion of the instant credit guarantee agreement, the Plaintiff and the Deceased agreed to pay damages and all expenses in addition to the amount of delayed damages determined by the Plaintiff when the Plaintiff performed the guaranteed obligation. Accordingly, the rate of delayed damages determined by the Plaintiff is 12% per annum.
C. On August 22, 2003, the Deceased did not repay the above loan obligation, the Plaintiff subrogated to the Busan Livestock Farming Cooperative KRW 11,468,273 (i.e., the principal interest of KRW 10,00,000 and the cost of KRW 1,468,273). Accordingly, the principal and interest of the indemnity obligation to be paid by the Deceased to the Plaintiff is the total amount of KRW 24,92,915 (i.e., the amount of subrogated interest of KRW 7,838,730) as of January 19, 2016 (=17,154,185).
On the other hand, the deceased died on January 15, 2014, and his heir had Defendant A, B, and C, who is the deceased’s child, and the Defendants reported the inheritance-limited approval to the Busan Family Court 2016-Ma1681 on May 13, 2016.
6. 21. An adjudication to accept the above reports has been rendered.
(Ground for recognition), entry in Gap evidence 1 through 3, Eul evidence 1, and the purport of the whole pleadings
2. According to the above facts of recognition on the board: (a) the Defendants, as the inheritor of the deceased, approved the inheritance-limited partnership within the scope of their inherited property from the deceased, have raised an objection as to the existence or scope of the Defendants’ obligations from January 19, 2016 to the extent of their respective 8,330,971 won (=24,92,915 won x 1/3, less than the won) and 2,612,910 won among them (=7,838,730 won x 1/3) sought against the Plaintiff.