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1. To the extent of the property inherited from the decedent D, the Plaintiff is within the scope of the property:
(a) Defendant A shall be KRW 195,937,104, and
Reasons
1. Facts of recognition;
A. On April 20, 2012, the Plaintiff established a credit guarantee agreement with D on April 19, 2013 (amended by April 14, 2017) with a guarantee term of KRW 225 million, out of the amount of KRW 250 million borrowed from the Industrial Bank of Korea by the non-party company, as the guarantee term of KRW 20,50 million (amended by April 14, 2017), and concluded on March 20, 2013 with a guarantee term of KRW 270,000,000,000 loaned from the said bank as the guarantee term of KRW 243,00,000,000, which was extended by the non-party company from the said bank.
B. Nonparty Company received each of the above loans from the said bank as security, each of which was issued by the Plaintiff, from the said bank, KRW 250 million on April 20, 2012, and KRW 270 million on March 29, 2013, respectively.
C. According to the above credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the non-party company and D jointly and severally agreed to reimburse the amount of the guaranteed obligation to the Plaintiff and the damages for delay calculated by the agreement rate (10% per annum) set by the Plaintiff from the date of the performance of the guaranteed obligation to the date of repayment, and the expenses paid for the preservation, transfer, and exercise of the rights (payment by subrogation).
On May 11, 2016, a credit guarantee accident occurred due to the aggravation of the financial standing of a non-party company. Accordingly, on June 8, 2016, the Plaintiff paid a total of KRW 471,307,561 ( KRW 226,513,438,24,794,123) on behalf of the above bank in accordance with the respective credit guarantee agreement. Of them, the amount of KRW 14,67,715 was recovered and the amount of subrogated was KRW 456,629,846, and the amount of subrogated was KRW 300,889,000,000 from the date of partial recovery to the date of recovery of the amount of subrogated for the preservation of the claim for reimbursement, but the Plaintiff did not recover KRW 252,774,068.
E. Meanwhile, D on May 9, 2016.