구상금
1. As to KRW 52,345,156 and KRW 10,598,439 among them, the Defendant shall annually pay to the Plaintiff the amount of KRW 52,345,156 from December 27, 2013 to August 31, 2015.
1. Each fact described in the grounds for the change in the appendix of facts admitted may be acknowledged either as a dispute between the parties, or as a whole by taking account of the whole purport of the pleadings in the entry in Gap evidence 1 to 7 and Eul evidence 1.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 52,345,156 won (i.e., KRW 10,598,439 won plus KRW 40,835,157 won plus KRW 911,560), and the remainder of subrogation 10,598,439 won as of the day following the date the Plaintiff seeks subrogation for 12% per annum from December 27, 2013 to August 31, 2015, and from the following day to July 26, 2016, the original copy of the payment order of this case, the amount of damages calculated at the rate of 8% per annum from the next day to the day on which the original copy of the payment order of this case was served, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
B. The Defendant’s assertion (1) did not clearly explain that at the time of the instant credit guarantee agreement, the Plaintiff guaranteed the obligation of intermediate payment loans upon the Defendant’s request, and did not explain the content thereof by providing the pertinent information or materials. Therefore, the instant credit guarantee agreement is null and void in violation of Article 3 of the Regulation of Standardized Contracts Act and the Enforcement Decree of the Banking Act.
However, in full view of the purport of the argument in Gap evidence No. 1, the credit guarantee agreement prepared at the time of the credit guarantee of this case stated as follows: "The principal and the guarantor shall receive the agreement and the terms and conditions of the agreement as well as jointly and severally agreed upon it." The defendant puts his signature and seal under the above, and "the credit guarantee agreement" itself shall request the plaintiff who manages and operates the Housing Finance Credit Guarantee Fund to provide credit guarantee under the Korea Housing Finance Corporation Act, and both the principal and the guarantor shall be jointly and severally provided in this agreement.