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(영문) 서울중앙지방법원 2017.01.13 2015가단5396640

구상금 등 청구의 소

Text

1. The Plaintiff:

A. As to KRW 45,309,387 and KRW 45,289,047 among Defendant A, Defendant A shall be from March 26, 2015 to August 31, 2015.

Reasons

1. The following facts are as follows: (i) there is no dispute between the Plaintiff and the Defendant; (ii) it is deemed that the said Defendants led to confession pursuant to Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant; and (iii) it may be acknowledged in full view of the overall purport of the arguments as to the evidence Nos. 1, 2, 3, 4, 5-1 through 3, 6-1 through 9, 7-7, 6-1 through 4, and 8.

The plaintiff's status is a corporation established under the Korea Housing Finance Corporation Act with the aim of promoting the long-term and stable supply of housing finance by implementing the securitization of mortgage-backed claims, etc. and the business of credit guarantee for housing finance, and contributing to the promotion of people's welfare and the development of the national economy.

B. On March 8, 2013, the Plaintiff concluded a credit guarantee agreement with Defendant A regarding KRW 45,00,000, out of KRW 50,000,000, out of the total amount of employee house loan borrowed under the condition that the basic terms and conditions of credit transaction between Defendant A and Nonghyup Bank apply, through the Nonghyup Bank Co., Ltd., a business entrusted institution (hereinafter “ Nonghyup Bank”), as follows.

① Subordinate obligations: The amount of damages for delay calculated according to the rate of damages determined by the Plaintiff within the scope of Article 42 of the Korea Housing Finance Corporation Act and Article 27 of the Enforcement Decree of the same Act. < Amended by Presidential Decree No. 2560, Sep. 4, 2014; Presidential Decree No. 25075, Mar. 25, 2015; Presidential Decree No. 25075, Feb. 28, 2015; Presidential Decree No. 25075, Feb. 29, 200; Presidential Decree No. 25888, Feb. 23, 2015; Presidential Decree No. 25688, Feb. 28, 20