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(영문) 대전지방법원천안지원 2020.11.26 2020가단107854
구상금
Text

1. The Plaintiff:

A. Defendant A and jointly with Defendant B on KRW 32,640,587 and KRW 30,206,752 among them.

Reasons

1. Facts of recognition;

A. A. Around August 14, 2012, the network C operating “D” (hereinafter “the network”) concluded a credit guarantee agreement with the Plaintiff, setting the credit guarantee principal of the general loan of KRW 30,000,000,000 that the deceased would receive a loan from the E bank as of August 13, 2015, and setting the credit guarantee term as of August 13, 2015 (hereinafter “the credit guarantee agreement in this case”). Defendant A jointly and severally guaranteed the deceased’s obligation to the Plaintiff based on the credit guarantee agreement in this case on the same day.

B. The Deceased submitted a credit guarantee certificate issued pursuant to the instant credit guarantee agreement to the E Bank and borrowed KRW 30,000,000, and thereafter, the Plaintiff changed the term of guarantee of the instant credit guarantee agreement to August 11, 2017.

C. In the event that the deceased died on June 2, 2017 and the above principal and interest of loan were overdue, the E Bank requested the Plaintiff to pay the principal and interest of the loan. On September 14, 2017, the Plaintiff paid KRW 30,206,752 to the E Bank in subrogation of the deceased pursuant to the Credit Guarantee Agreement.

In relation to the above subrogation, the Plaintiff spent KRW 2,385,015 as provisional payment, and the additional guarantee fee to be paid by the Deceased to the Plaintiff is KRW 48,820, and the interest rate for delay determined by the Plaintiff is 12% per annum from the date of payment by subrogation to February 28, 2019, and 9% per annum from the following day.

E. From among the inheritors of the deceased, F, G, H, I, and J reported the renunciation of inheritance to the Daejeon Family Court on August 24, 2017 (No. 2017-Ma208). The report was accepted on September 5, 2017 (No. 2017-Ma208), and Defendant B reported the qualified acceptance on August 24, 2017 to the same court, and the report was accepted on November 3, 2017.

(2017-Mano 209). [Reasons for Recognition] / [Grounds for Recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1-6 (including branch numbers), the purport of the whole pleadings.

2. According to the above facts of recognition, Defendant A.

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