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(영문) 서울동부지방법원 2017.08.22 2017가단102779

구상금

Text

1. The Defendant’s KRW 47,55,209 and KRW 47,447,495 among the Plaintiff’s KRW 8% per annum from January 14, 2017 to February 23, 2017.

Reasons

1. Facts of recognition;

A. On August 19, 2010, the Plaintiff entered into a credit guarantee agreement under the Korea Housing Finance Corporation Act (hereinafter “the instant credit guarantee agreement”) with B to determine the maximum amount of credit guarantee as KRW 50,40,000,00 with respect to the credit obligations to be borne by a loan from the Korea Bank (hereinafter “Korea Bank”) from August 19, 2010 to August 18, 2012, and issued the said credit guarantee agreement to Korea Bank.

The main contents of the Credit Guarantee Agreement are as follows.

Article 1 (1) 1 of the Korea Housing Finance Corporation Act, the Enforcement Decree of the same Act, the regulations on the operation of the Corporation, and the guarantee will be recognized and observed as part of this Agreement. <2> The method of calculating damages under paragraph (1) shall be determined by the Plaintiff based on the governing law of Article 1, etc. < Amended by Presidential Decree No. 10688, Feb. 1, 2008> Article 4 (1) of the Korea Housing Finance Corporation Act, the Enforcement Decree of the same Act, the regulations on the operation of the Corporation, the regulations on the operation of the Corporation, and the regulations on the guarantee of the Corporation. < Amended by Presidential Decree No. 2004, Feb. 21, 2008> Article 10 (1) of the Act No. 2006, Jan. 1, 2006>

2. Expenses incurred in the preservation, transfer and exercise of the rights acquired by the Plaintiff through the discharge of the guaranteed obligation pursuant to this Agreement by the Plaintiff of Article 11.