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(영문) 서울중앙지방법원 2016.03.11 2015가단5003078

구상금

Text

1. The Defendant’s KRW 62,028,504 and its KRW 7,139,942 among the Plaintiff’s KRW 62,028,50 and the Plaintiff’s annual interest during the period from August 25, 2012 to November 30, 2012.

Reasons

1. Basic facts

A. On August 2009, the Defendant was sold in lots at Kimpo-si B apartment 104 Dong 1604, and 1604, which was executed by the Co., Ltd. (hereinafter “Sami Construction”) around August 2009.

B. The Plaintiff, the U.S. Industrial Development, the U.S. Construction, and the Korean Bank (hereinafter “Korea Bank”) entered into a business agreement with respect to the sale of the above apartment, and under the Plaintiff’s credit guarantee, the Korean Bank set out a collective loan against the buyer for the intermediate payment.

(hereinafter “instant Business Agreement”). (c)

The Plaintiff and the Defendant, around that time, concluded a credit guarantee agreement with the Defendant’s credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) that guarantees the Defendant’s obligations to our banks by setting the guarantee period from October 1, 2009 to January 31, 2012.

At the time, the Defendant paid the Plaintiff additional guarantee fees based on the rate and calculation method determined by the Plaintiff based on the Korea Housing Finance Corporation, etc., and agreed to pay the amount and damages for delay at the rate determined by the Plaintiff based on the above Acts and subordinate statutes when the Plaintiff performed the guaranteed obligation.

Under the credit guarantee agreement of this case on October 1, 2009, the Defendant borrowed KRW 200 million from the Bank of Korea on October 31, 2012 by determining as follows: 3.5% of the loan interest rate of 3 months CD circulation rate of 3 months, 17% per annum of less than 3 months, 3 months or more, 19% per annum of 3 months or more, and 200 million won per annum.

(hereinafter “instant loan”). (e) The instant loan is made.

On August 2, 2012, when the period of the instant loan expires, the Defendant refused to extend the loan period and to repay the instant loan, the Bank demanded the Plaintiff to discharge the guaranteed obligation. On August 24, 2012, the Plaintiff paid to the Bank KRW 207,863,230 (i.e., interest of KRW 200,000,000, KRW 7,863,230).

F. The development of the preferred industry is the defendant around October 2, 2014.