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(영문) 서울중앙지방법원 2015.02.05 2014가단5320691

구상금

Text

1. As to KRW 51,986,250 and KRW 51,507,80 among them, the Defendant shall annually pay to the Plaintiff KRW 51,986,250 from November 21, 2012 to November 30, 2012.

Reasons

1. Facts of recognition;

A. Upon the Defendant’s request for guarantee, the Plaintiff issued a housing finance credit guarantee certificate with the following content as to the repayment of the principal and interest of loan that the Defendant borrowed from our bank for the purpose of lease funds:

Guarantee Number: B Guarantee date: October 23, 2009; Guarantee period: 2 years after loan handling: 49,500,000 won: Rental Fund.

B. The Defendant concluded a housing credit guarantee agreement (hereinafter “instant agreement”) with the Plaintiff, under which the Plaintiff would pay the Plaintiff the amount of the Plaintiff’s performance to the Plaintiff at the rate of delay damages, delay damages in accordance with the calculation method, and other incidental obligations, where the Plaintiff would pay the Plaintiff the amount of the payment by subrogation of the Defendant, on the ground that the Plaintiff would lose the interest of the repayment due date, such as delay in repayment of the loan from the

C. On October 23, 2009, the Defendant borrowed 55,000,000 won as housing funds from our banks based on the housing finance credit guarantee certificate issued by the Plaintiff.

On November 20, 2012, the Defendant lost the benefit of time for the above loan obligations of the Bank, and the Plaintiff paid KRW 51,507,800 to the Bank on November 20, 2012, upon the request for the discharge of the guaranteed obligation of the Bank.

E. When entering into the instant agreement, the Defendant paid the guarantee fee and damages for delay in return for the guarantee of the principal obligation. The Defendant’s attempted guarantee fees incurred prior to the payment by subrogation are KRW 478,450.

F. The agreed interest rate on the amount of subrogation under the instant guarantee agreement is 15% per annum from November 21, 2012 to November 30, 2012, and 12% per annum from December 1, 2012 to December 1, 2012.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is charged with the above amount of 51,507,800 won by subrogation to the plaintiff.