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(영문) 대구지방법원 2016.07.19 2016가단101010

구상금

Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 1,300,549,942 and 1,266,86.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a housing finance credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant B (hereinafter “Defendant B”), as shown below, with respect to the construction work of rental apartments newly constructed on the first and third parcels of land on the first and second parcels of land, and Defendant A and B provided a credit guarantee agreement issued through each of the above agreements to the National Bank (Korea Housing Bank at the time; hereinafter “Korea Housing Bank”) as collateral.

on April 18, 1997 480,000,000,000 National Bank Construction Fund for Rental Housing on December 9, 1997, 200,000 National Bank construction Fund for Rental Housing on April 18, 1997, 2,242,10,000,000

B. Defendant C and the network H jointly and severally guaranteed the liability for indemnity against the Plaintiff in accordance with each of the above credit guarantee agreements.

C. Under the above credit guarantee agreement, when the Plaintiff performs the guaranteed obligation, the obligor agreed to pay to the Plaintiff damages for delay, penalty (additional guarantee fees) at the rate of damages determined by the Plaintiff from the date of payment of the subrogated amount and the payment of the amount of damages to the Plaintiff until the date of full payment, and legal procedure expenses incurred by the Plaintiff for the discharge of the guaranteed obligation and the preservation of the claim

After that, there was an accident of guaranteeing the repayment of the above loan in arrears, and on July 16, 2015, the Plaintiff paid to the National Bank the principal and interest of the loan equivalent to KRW 178,362,686, and KRW 1,088,503,956 based on the credit guarantee agreement No. 1 of the above table.

E. The payment by subrogation under the credit guarantee agreement No. 1 of the above Table is KRW 4,191,300, penalty (additional guarantee fee) is KRW 3,187,160, and penalty (additional guarantee fee) is KRW 26,304,840 according to the credit guarantee agreement No. 2, and the interest rate for delay determined by the Plaintiff is 12% per annum.

F. The Deceased died on September 26, 2010 and his wife and children.